New Contract and Consumer Protection Law

Author: Yang Shuwen
Publisher:
Publish Date: 2002-08-01
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 for new types of transactions differing from traditional contract types according to actual needs. The emergence and prevalence of new contracts such as pre-selling houses, using credit cards, financial leasing, and pawnbroking are examples of this. The rights and obligations of such new contracts are mostly predetermined by business operators leveraging their dominant economic position. In the face of 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. This book attempts to explain the legal nature of new contracts such as pre-selling houses, credit cards, financial leasing, and pawnbroking, as well as related issues of the effectiveness of standardized clauses, hoping to offer a reference for solutions. However, there must be errors in the arguments presented, and I sincerely hope that advanced legal scholars will kindly point them out.