Search

On the Rules for Incorporating Standard Terms

Author(s)

Deng Yongxin

Affiliation(s)

School of Political Science and Law, University of Jinan, Jinan, Shandong, China

Abstract

The rules for incorporating standard terms determine whether such terms are included in a contract, mainly stipulated in Article 496, Paragraph 2 of the Civil Code of the People's Republic of China. However, there are varying interpretations of this article, and there are also many disputes in the theoretical community. So, the specific requirements and contents of the incorporation rules still need to be studied. This article conducts research and argumentation on the incorporation rules for standard terms, summarizes two constitutive elements of the incorporation rules: the intention of the counterparty to generally accept the terms and the obligation to provide prompt explanations, and analyzes the specific application standards, in order to provide theoretical support for the application of the incorporation rules.

Keywords

Standard Terms; Incorporation Rules; Obligation to Provide Notice and Explanation

References

[1]Zhao Tong. On the Control of Format Clause Incorporation and Effectiveness - Centered on Article 9 and Article 10 of the Judicial Interpretation of the General Provisions of the Contract Law [J]. Law Journal, 2024, 45(06): 52-71. [2] Yin Qiushi. Comment on Article 496 of the Civil Code (Definition and Control of Standard Terms) [J]. Chinese Applied Law, 2022, (04): 222-238. [3] Li Shigang. The Case-by-Case Review and Comparison Method for Judging the Content of Legal Acts - Also Discussing the Interpretation of the Validity Norms of Format Terms in the Civil Code [J]. Legal Studies, 2021, 43(05): 24-43. [4] Wang Tianfan. Annotation on Article 496 of the Civil Code (Definition of Standard Termss and Obligations of Users) [J]. Journal of Nanjing University (Philosophy, Humanities and Social Sciences), 2020, 57(06): 49-65 + 158. [5] Wu Yiping. On the Establishment and Effectiveness of Standard Terms [J]. Jiangsu Social Sciences, 2014, (06): 85-92. [6] Xie Gen. The Normative System of Content Regulation of Format Terms [J]. Legal Studies, 2013, 35(02): 102-118.