Whether it's an e-commerce platform, a financial ** app, or another platform. In practice, in order to facilitate operation, they will build a user service agreement (or similar document) into their platform software, which is legally recognized as a standard contract by everyone due to its inherent defects such as pre-drafting, program conclusion, non-negotiability, and reuse. However, the promulgation of this judicial interpretation, although it refines the relevant provisions of the law on standard clauses to a certain extent, seems to have made a compromise for the validity of standard contracts.
Article 496 of China's Civil Code stipulates the "obligation to provide reasonable reminder and explanation" and the legal effect of violating this obligation, but it lacks the enumeration of "reasonable reminder and explanation obligation". However, Article 10 of the Judicial Interpretation clearly states that "when the contract is concluded, it shall be deemed that the provider shall fulfill its responsibilities by using obvious signs such as words, symbols, fonts, etc., which are usually sufficient to attract the attention of the other party", or "by means of special methods such as checking boxes and pop-up windows, to remind the other party to exempt or reduce its liability".Duty of reasonable prompting”；"The party providing the standard clauses shall, at the request of the other party, make an explanation to the other party in writing or orally on the concept, content and legal consequences of the clauses in which the other party has a material interest in the other party", it shall be deemed that the party providing the standard clauses has performed".Duty of reasonable explanation
Isn't this paving the way for the subsequent standard contract to be effective?
Note: Article 497 of the Civil Code: In any of the following circumstances, the standard clause is invalid: it has the invalid circumstances provided for in Section 3 of Chapter 6 of Part I of this Law and Article 506 of this Law;The party providing the standard clauses unreasonably exempts or reduces its liability, increases the liability of the other party, or restricts the main rights of the other party;The party providing the standard clauses excludes the main rights of the other party.