The contract "Guidelines for Avoiding Pit" should also strengthen the dynamic service function
Li Yingfeng
The deposit is difficult to return, the liquidated damages are too high, the force majeure clause is missing... The "word game" in various contracts will be restricted in the future.Recently, the national contract model text database developed and constructed by the State Administration for Market Regulation was officially launched, which includes contracts covering online transactions, real estate sales, education and training and other fields, providing a "guide to avoid pits" for people to query and use.
In market transactions, consumption and other activities, consumers, enterprises and other civil subjects often need to use contracts to stipulate the rights and obligations of both parties, the subject matter, quantity, quality, price or remuneration, performance method, performance period, breach of contract and other matters.In reality, many businesses and institutions use unilaterally drawn up format contracts in the process of providing goods or services, and consumers and other transaction counterparties usually only passively accept them.In order to reduce operating costs and risks and maximize benefits, some businesses and institutions like to play word games in standard contracts, add overlord clauses, and reduce or exempt their own responsibilities by digging "pits" and burying "mines", limiting or excluding them. The rights of the counterparty in the transaction, make unfair and unreasonable provisions on the counterparty, or do not inform or remind the counterparty to pay attention to the content that has a major interest in it when signing the contract, thereby burying the loss of equity for the counterparty hidden dangers, and set up barriers to rights protection.
The State Administration for Market Regulation has developed and constructed a national contract model text database, which includes nearly 500 types of contract model texts covering online transactions, real estate sales, education and training, etc., providing "one-stop query" convenience for transaction parties.These contract model texts have the characteristics of equal rights and obligations, complete content, and complete clauses, and have the functions of "risk warning" and "special suggestion" for the problems, risks and infringement points of each contract.Businesses, consumers and other civil entities conclude contracts with reference to the model contract text, which can effectively regulate the content of the contract and subsequent performance of the contract, curb the overlord clause, eliminate the "minefield" and "trap" of illegal infringement, and promote the fairness of the rights and obligations of the contracting parties. The rights and interests of all parties to the contract, reduce contract disputes from the source, and reduce transaction risks.
The law provides a path guide for the contracting parties to refer to the model text of the contract.Article 470 of the Civil Code stipulates that the parties may conclude contracts with reference to the model texts of various types of contracts.The State Administration for Market Regulation builds a contract model text library, builds a platform for the parties to refer to the contract model text, and provides a reference contract model text service. idea.
At present, the national contract model text library has just been launched, mainly providing "static" services, and "dynamic" services are not yet powerful, so there needs to be a process of gradual upgrading, improvement and optimization.In the next step, the market supervision department may wish to further develop and strengthen the "dynamic" service function of the contract model text library in accordance with the needs and expectations of the society.
Some contract model texts are outdated, and it is difficult to adapt to the new formats, new behaviors, and new demands of the digital age. The market supervision department can continuously update the contract model text database and replace outdated texts on the basis of full investigation and soliciting opinions from all parties. Maintain the timeliness and adaptability of the contract model text.
Some contracting parties may not want to copy and copy the model text of the contract, but need to make changes to the relevant clauses according to the actual situation, and need to add some personalized content.In response to this demand, the contract model text library can consider opening the communication function, improving the online duty mechanism, arranging for professionals to interact with the contracting consultants in real time, and providing the contracting consultants with personalized signing guidance services.
The value and vitality of the contract model text library lies in the reference utilization rate of the contract model text. Merchants who use overlord clauses, dig "pits" in contracts, and have contract violations take measures such as interviews, investigations, and exposure, forcing merchants to increase their conscious awareness of referring to the model text of the contract.
With and strengthening the "dynamic" service function that can meet the needs of all parties, the contract model text library can become more usable, and it can be recognized by more contracting parties, and it can gain more space for implementation and use, and achieve better "" Avoid pit” effects and social effects.
【Editor: Wang Yu】
