定式合同有关问题探讨

定式合同从问世以来以其签约简便,具有效率价值、安全价值被广泛应用,但同时它妨碍了合同法的传统的契约自由原则,构成了对自由、平等、公平的相对威胁,给人们的观念带来了冲击。定式合同符合功利主义愿望及社会化要求,因此才具有生机和活力。

Discussion of Some Problems of Contract in Fixed Form

Contract in fixed form was widely used because of its simplicity of conclusion of a contract, as well as its efficiency value and safety value ever since its coming out. But at the same time, it hindered the traditional doctrine of freedom of contract of contract law,it constituted a relative threat to freedom, equality and fairness, and it impacted people's notion greatly. Contract in fixed form is in keeping with the aspirations of utilitarianism and the demands of socialization, so it has life and vigor.