약관의 계약편입요건에 대한 연구

Abstract

Our society is mass productions and consumption society. Standard contract terms play veryimportant role in such a mass transaction. The standard contract terms should be included to thecontract. The requirement for such a inclusion is very complicated. We can look at foreign law. Germany has standard contract terms regulation – law since 1976(AGB-Gesetz). In the year 2002, thelaw was moved to german civil law(BGB). For the inclusion of standard contract terms into thecontract, the business operator should specify standard contract terms in the contract. The anotherparty should accept the inclusion. But the another party need not know all the contents of thestandard contract terms. The standard contract terms is not law, but contract contents. Thecontract(intention) theory, not norms theory is common accepted theory in connection with thecharacter of the standard contract terms. The another party should know the important content of thestandard contract terms. But only for the inclusion, he does not know all the contents of thestandard contract terms. It is enough that he agrees the inclusion. But when the another party is amerchant, all the requirement of the inclusion need not to be fulfilled. There should be namelyexceptions in such a case. The german civil law has such a exception clause in § 310. But we havenot such a regulation in the law for the control of standard contract terms. Therefore it is necessarythat we also adopt such a exception regulation. Thereby we can consider the german case. Theposition of it is § 30 (2) law for the control of standard contract terms desirable. This paper hasanalysed inclusion requirements of the standard terms into a contract. Thereby some suggestion fromthe german law were inspired.