Chapter 142: Attorney Zhang Still Cooperates Well
What is a standard contract? It is a contract prepared in advance by one party, and the other party can only choose to fully agree or disagree.
According to the provisions of the Civil Code, a standard contract has three characteristics: it's drafted in advance, it's used repeatedly, and it's non-negotiable.
What is the most common type of standard contract we encounter? It's those online contracts, like when you use a certain APP, you must agree to the terms before you can log in.
Those contracts are standard contracts.
Of course, the presence of such terms does not automatically render the entire contract invalid. In practice, courts won't rule that way; generally, they'll judge based on the specific provisions of the terms.
For example, in this guarantee contract, why Tang Fangjing dared to say that the contract is invalid is because its main term—the one using the house as a guarantee—clearly exacerbates Uncle Wang's responsibility and excludes the company's obligations.