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Control of Price Related Terms in Standard Form Contracts in China

  • Shiyuan HanEmail author
  • Teng WuEmail author
Chapter
Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 36)

Abstract

The freedom of contract has been acknowledged as one of the underlying principles in Chinese contract law. In some cases the courts avoid price terms in standard contracts by employing rules on controlling standard contract terms. In more cases, the courts are reluctant to review price terms and rule against the standard contracts provider insofar as the price terms are consistent with government-guided prices. The Price Law and relevant administrative regulations are in dominance in price controlling system. Nevertheless, competition in market is expected to play a more fundamental role in generating fair prices, while the administrative control of price terms in the area of, for example, financial services and telecommunication services should be more restricted.

References

  1. Bing L (2010) Contract law in China. Thomson Reuters, Hong KongGoogle Scholar
  2. Fan F-X (2014) Unfair contract terms: focus on relations between unconscionability and unfair terms. Sci Law (J Northw Univ Polit Sci Law) 2014(6):105–112Google Scholar
  3. Han S-Y (2017) Regulation of unfair contract terms under Chinese Law. Law Econ 2017(4):17–32Google Scholar
  4. Han S-Y (2018) The law of contract. Law Press, BeijingGoogle Scholar
  5. Jiang P, Cheng H-H, Shen W-X (1999) On principles of freedom of contract and of good faith in the new contract law. Tribune Polit Sci Law 1999(1):2–11Google Scholar
  6. Legislative Affairs Office of the State Council (2015) Series of Statute of the People’s Republic of China in English (Economic Law II). China Legal Publishing House, BeijingGoogle Scholar
  7. Liang H-X (1999) The success and failure of the contract law. Peking Univ Law J 1999(6):13–27Google Scholar
  8. Qi D-J (ed) (2014) Economic law. High Education Press, BeijingGoogle Scholar
  9. Wang L-M (1996) Theories and practices of civil and commercial law. Jilin Renmin Press, ChangchunGoogle Scholar
  10. Wang L-M (1999) Review on provisions related on standard terms in contract law. Tribune Polit Sci Law 1999(6):3–15Google Scholar
  11. Xiao J-P (2006) The natural monopoly of estate service market and the approach to regulate it. ZUEL Law J 2006(2):17–26Google Scholar
  12. Xiong J-G (2010) Defense right in residential property management contracts: sections 5–6 of the judicial interpretations of cases of residential property services disputes. Mod Law Sci 2010(3):169–175Google Scholar

Copyright information

© Springer Nature Switzerland AG 2020

Authors and Affiliations

  1. 1.Tsinghua University, School of LawBeijingChina
  2. 2.Central University of Finance and Economics, School of LawBeijingChina

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