With the new contract of consumer protection law

Author: Yang Shuwen
Publisher:
Publish Date: 2002-09-01
Features: The "Current Civil Code" provides regulations for named and typical contracts under Article 345 and below. However, based on the principle of freedom of contract, parties may also create rights and obligations between themselves for new types of transactions that differ from traditional contract types, based on practical needs. The emergence and prevalence of new contracts such as pre-selling houses, using credit cards, financial leasing, and preservation, are examples of this. The rights and obligations of such new contracts are mostly formulated by business operators leveraging their dominant economic position in advance. Faced with such new contracts, how to maintain the principle of freedom of contract while regulating the effectiveness of standardized clauses to safeguard the legitimate interests of both parties in the transaction has become a major issue in modern contract law.