Author(s)

Jiaying Shi ¹

Affiliation(s)

¹ Minzu University of China, Beijing, China

Corresponding Author

Jiaying Shi

ABSTRACT

Under the socialist market economic system, the market is inherently spontaneous, and "standard form clauses" often lead to status inequality between the drafter and the counterpart. Due to factors such as insufficient comprehension, limited time, and no actual right of choice, the counterpart will exhibit a "going through the motions" behavior of simulated manifestation of intent. In the "Week Kitten" purchase case, the standard form clause that excludes after-sales services for any reason after "24 hours" infringes on the counterpart's main rights. This clause is invalid as it exceeds the limit of the principle of autonomy of will, and the drafter shall bear the liability for breach of contract. Based on the standard form clauses, the author discusses the legal warning line of such clauses, adjusts legal relationships through methods including the merchant's obligation of explanation, marked emphasis, and interpretation against the drafter. In particular, this paper explores the principle and application of "incorporation control" in standard form clauses and electronic contracts of third-party platforms, and further extends the discussion to the regulation of the scope of autonomy of will in civil law.

KEYWORDS

Standard Form Clause; Autonomy of Will; Electronic Contract; Incorporation Control; Interpretation Against the Drafter

CITE THIS PAPER

Jiaying Shi. The Legal Warning Line of the Principle of Autonomy of Will from the Perspective of Standard Clauses. Science of Law Journal (2026). Vol. 5, No. 2, 59-63. DOI: http://dx.doi.org/DOI: 10.23977/law.2026.050209.

REFERENCES

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