The court thinks via cognizance, use format clause to conclude of the contract, the one party that offers format item ought to abide by fair principle to determine the right between party and obligation, offer format clause one party to eliminate each other of main right, this clause is invalid. This case appeals to contend for " Tefulai car service joins in agreement " in the conventional provision that concerned accredit joins in gold does not grant to return, department by concessionary management license protocol of home remedy of company of Fang Tefu Lai and to join in some offers square Xin Mou the printing clause in standard text, tefulai the company proves his without evidence to offerred standard some has undertaken this clause in the article and Xin Mou special remind reach negotiation, this clause eliminated Xin Mou some is based on warrant to ask the company returns Tefulai to still join in the main right of cost, this clause makes format provision and Tefulai the company offerred one party to eliminate the main right with such-and-such laborious as format clause, reason this academy maintains this clause to disable lawfully. After the agreement removes, because the company does not have Tefulai to evidence proves its had been fulfilled or be fulfilled partly, reason laborious is such-and-such ask this company sum is returned still join in the lawsuit of cost requests, have at the law according to, this academy gives support.
Company argue weighs Tefulai, the contract agrees some needs Xin Mou first company of Xiang Tefu Lai buys Tefulai product and equipment add up to RMB 300 thousand yuan, as laborious of formal authorization of blessing Lai company such-and-such practice is not one party to offer practice to serve premise condition of support, and laborious is such-and-such did not buy according to this agreement, company of Lai of reason spy blessing not to Xin Mou some offers practice to serve. In view of company of Lai of conventional spy blessing is made clear to answer in clause of complement of the manuscript in the contract strict and seasonable carry out come optional location, evaluate, the trade group analysis service that has quality of early days build, and company argue calls Tefulai its place basis before narrate a clause to be the clause that print and this treaty wording is Tefulai the company is offerred, should according to our country " contract law " in about " go against drafter " explanatory regulation.
The court thinks, xin Mou concerns Tefulai in some pair of handwritten clauses company answer strict and seasonable carry out come optional location, evaluate, it is so called in the clause that print that the clausal explanation of the project such as trade group analysis is " practice serves support " the early days build before, accord with open join in the general experience of inn is logistic, and before according with, narrate " go against drafter " explanatory regulation, reason court is right Tefulai of the company before narrate argue to say not to grant to collect a letter.
Case meaning
The typical case that this case is provision of contract of pattern of experience pass mark. The typical meaning of this case depended on affirming clause of the format in concessionary management contract eliminates relatively square right, format clause is invalid. As a result of concessionary person external the management resource of accredit and the similar sex of management mode, in practice, concessionary management contract often is aimed at by concessionary square protocol differ to be relapsed to use by concessionary person, by concessionary a negotiation leeway to contract provision is lesser, look to often accord with the feature of format clause from legal important document.
This case recognized the format clause feature in provision of concessionary management contract, this clause platoon asks besides the warrant that be based on by concessionary person concessionary person is returned still join in the main right of cost. Concessionary person needs to refer evidence to prove its are right offerred standard this clause in the article and had been undertaken by concessionary person special remind reach negotiation, otherwise the main right that format clause offers one party to eliminate photograph each other ought to be sentenced lawfully make decide this clause to disable.
