Author(s)

Cao Shengming ¹

Affiliation(s)

¹ Beijing Cao Shengming Law Firm, Beijing, China

Corresponding Author

Cao Shengming

ABSTRACT

This paper offers a comprehensive analysis of the legal implications and practical effectiveness of standard contract terms in the context of state-owned asset and rights auctions. It delves into the intricacies of entrusted auction contracts, bidding contracts, and transfer contracts, examining how Articles 496, 497, and 498 of the Chinese Civil Code are applied to address disputes and ensure the fairness and legality of the auction process. The study draws upon judicial practices to explore how standard contract terms are utilized in resolving conflicts and protecting the interests of all parties involved. By evaluating the normative legal framework surrounding these auction contracts, the paper aims to establish a robust legal basis for the implementation and enforcement of these terms. This research not only highlights the operational dynamics of auctions for state-owned assets but also provides insights into the effective application of standard terms in enhancing transactional security and legal certainty.

KEYWORDS

Entrusted Auction Contract, Bidding Contract, Transfer Contract, Standard Contract Terms and Effectiveness, Legal Normative Basis for Claims

CITE THIS PAPER

Cao Shengming. Value Judgment of Standard Contract Terms: A Discussion on the Auction of State-Owned Assets and Rights. Science of Law Journal (2024) Vol. 3: 65-73. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030610.

REFERENCES

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