定式合同性质与功能要论

On the Nature and Functions of Adhesion Contracts

本文作者认为 ,定式合同虽然与原有合同类型相比有所变化 ,但仍然具有合同的基本特征。定式合同并不完满 ,仍具有诸多弊端 ,在实践中可能对合同中的弱势相对人造成损害 ,因此必须对定式合同的弊端加以警惕 。

Although adhesion contracts differ with other previous types of contract, the writers hold that they have their inherent basic characteristics. Adhesion contracts are not perfect, with many abuses causing damages to relevant parties to the contract in weaker positions. Therefore, vigilance is to be maintained against abuses of adhesion contracts in order for them to fulfil their functions.