It can be seen that the so-called contract is an agreement reached by two or more parties in the market based on their respective interests. Both parties to the contract are voluntary. The purpose of concluding a contract is to meet their own needs, because all the goods owned by each trader cannot meet their own needs in all aspects, but some of them may meet the needs of the other party. Therefore, through the contract, both parties transferred part of their products or ownership, and got what they needed from each other at the same time. Therefore, the contract is an agreement between the two parties. From the fundamental purpose, this consistency is driven by utilitarian purposes. Through the contract, both sides expanded their demand. Therefore, a contract without any utilitarian purpose does not exist.
In China's ancient books, the word contract appears less, but the concept of contract appears many times. But the word "qi" in ancient Chinese is equivalent to the concept of contract.
In ancient China, contract refers to both the process and the result of agreement. "Shuo Wen Jie Zi" said: Qi, about also. The so-called agreement refers to the Covenant and offer between countries. In order to ensure the validity of this agreement, it is necessary to supplement a book contract. Book deed, word book also. Refers to the documents used to prove the relationship between sale, lease, loan and mortgage. , as well as legal provisions, files, general ledger, pledge, etc. In addition, the contract also represents a kind of certificate. Deeds and coupons. Zhang market deed. House deed, taken from the certificate of the city. Its coupon picture and two books are beside it. It's not hard to find that in ancient China, the deed as a voucher can be circulated in the market, and things can be taken or sent. It can be seen that in ancient and modern China, the contract has emerged as a medium or form of covenant and agreement.
In the west, contract, as a commercial means, is not only widely used in social life, but also appears in the code in the form of law. The definition, classification and execution of contracts are clearly stipulated in Roman law. In France, from13rd century to15th century, contracts were widely used in the commercial field. /kloc-In the middle of the 0/5th century, Medici Bank, the most famous bank in France, already had superb professional skills in using contracts. Medici Bank signed many contracts to set up branches, all of which were reached in the form of partnership within a certain period of time. These agreements specify in detail the capital share of partners, the remuneration of branch managers, the limits of business scope and the courts qualified to handle all relevant disputes. The loan contract of Medici Bank and many contracts disguised as loans to deal with some people in order to avoid the prohibition of usury also show that its technical ability to draw up contracts has reached a quite high level. Legal characteristics of standard clauses Standard clauses are clauses drawn up in advance by the parties in order to be reused when concluding a contract, without consultation between the two parties.
The legal features of standard clauses are:
1. The contract offer with standard terms is extensive, lasting and detailed.
2. The format clauses are unilateral and decisive in advance.
3. Written expression is the principle.
4. The party who concludes a contract with standard terms has absolute advantage in economy, which enables it to impose the pre-determined standard terms on the other party, thus excluding the possibility of negotiation between the two parties on the standard terms.
Paragraph 2 of Article 39 of the People's Republic of China (PRC) Contract Law (hereinafter referred to as the Contract Law) and Paragraph 1 of Article 2 of the Shanghai Regulations on the Supervision of Contract Format Clauses (hereinafter referred to as the Regulations) stipulate that:
Standard terms are terms drawn up in advance by the parties (referring to the providers of standard terms) in order to reuse them, and they are not consulted with each other when concluding the contract.