论约定优于法定原则

约定优于法定是合同法的一项重要原则。但在市场经济发展的今天,尤其是在消费合同中,这一原则受到了挑战,完全遵守这一原则会形成合法不合理的情况。因此重新审视这一原则,适时地赋予约定优于法定原则新的内容,就显得十分必要了。文章在探究了约定优于法定原则之后提出在消费合同中应当推行约定有利的原则,以切实保护消费者的权益。

The Principle that Promissory is more advantageous

That promissory is prior to statutory is a significant principle of Contract Law.However,nowadays with the fast developing of marketing economy,especially in the consuming contract,the principle is challenged that means abiding by it completely will lead to the situation which is legal but unjustified.Therefore,it is necessary to pay attention to the principle all over again and endow new content properly.After doing some research on that promissory prior to statutory,the article poses we should apply to the principle that promissory is more advantageous so that we can protect the right and benefit of the consumers actually.