약관의 규제 및 개선방안

Abstract

A free contract principle which accomplishes the ideology of a modern civi l law would outline the essential figures that be able to conclude a contract with contract terms and conditions which freely agrees with the counterpart that the contractor selects optional choice. Like this, the freedom of the cont ract contents decision makes it possible to agree contents which is different from the provision of the law of contract. However, after the Industrial Rev olution, in the period of the concentration of the productive means, the goods mass production and mass consumption, it was ‘The contract by contractual terms and conditions’ that widely used from the various transactions field ac cording to being proposed the necessity that multiple contract(Massenvertra g) would make progress quickly and certainly. Like this, it could be proposed the doubt that what the legal basis of stip ulation and peculiarity of the contract in compliance with the regular transac tion stipulation which becomes commercial business use is. When also concl uding a contract, there is no chance of free agreement to decide the content s of contract by forcing the person concerned to decide the contents of the contract which is drawn up in advance in compliance with the unilateral per son. This paper is focused on pointing out the problem of regular transactio n stipulation in the position of the general consumer to protect the consumer because of emerging in the instance frequently that force the consumer to re ceive unjust disadvantage owing to the immense use of regular transaction s tipulation and investigating․researching a problem about contents control m ethod and effect of unjust stipulation in order to regulate this.