| Change log entry 73142 | |
|---|---|
| Processed by: | richwarm (2021-06-28 22:26:14 GMT) |
| Comment: |
<< review queue entry 68859 - submitted by 'lars' >> https://cgc.law.stanford.edu/wp-content/uploads/sites/2/2015/09/COMMENTARY-4-OU-English-FINAL-NEW-LOGO.pdf The “Imparity Clause” originates from Article 40 of the Contract Law of the People's Republic of China. The legal term is “unequal standard clause". These clauses mainly refer to unequal standard contracts, notices, statements, and store announcements, or industrial practices unilaterally prepared by business operators in order to evade legal obligations or reduce their own responsibilities. Most unequal standard clauses are found in monopoly industries and place many restrictions on consumers. The term “Imparity Clause” is a common name for “unequal contract clauses”. The terms of a contract should be established on the basis of voluntariness, fairness, honesty and good faith. They should express the real intentions of both parties. So-called Imparity Clauses refer to business operators who are in favorable positions and use their positions to restrict the other party’s rights so as to deprive the other party of their rights. This demonstrates a form of unfair practice. One of the features of the Imparity Clause is the expansion of the rights of producers and business operators, and the limitations on the rights of consumers. The judgment of whether a particular clause is to be deemed an Imparity Clause is usually based on such considerations as whether the consumers signing the contract have the freedom and right to choose and whether the other party has the status as a monopoly. https://en.wiktionary.org/wiki/%E9%9C%B8%E7%8E%8B%E6%A2%9D%E6%AC%BE (law) imparity clause https://zhidao.baidu.com/question/37842735.html 我觉得one-sided clause更合适。“霸王条款”当然是不公平条款，但我以为用Unfair Clause表示，力度还不够。 https://baike.baidu.com/item/%E2%80%9C%E9%9C%B8%E7%8E%8B%E6%9D%A1%E6%AC%BE%E2%80%9D imparity clause ------------------------------------------ Editor: 0. Not hard to understand this term, especially in context, given the meaning of 霸王 and 條款. But OK ... 1. From the first quoted reference: <<The legal term is “unequal standard clause".>> According to Google there is only one document on the web that contains the phrase "unequal standard clause", namely the one quoted here. 2. On the other hand "unequal clause" seems to be a phrase used in legal texts. E.g. a) "The ubiquity of this highly unequal clause indicates an imbalance in bargaining power between lenders and borrowers. If Ontario courts were to hold that due-on-sale clauses are enforceable, ..." b) "An unequal clause in a contract concluded with a consumer is a stipulation to the detriment of the consumer which does not meet the requirement of good faith and leads to a significant imbalance between the rights and obligations of the trader or supplier and the consumer; ..." 3. "imparity clause" yields many Chinese-related webpages on the first page of Google results, so it may not be a recognized legal expression in English. 4. "unfair clause" does seem appropriate: "An unfair clause is one that: A. Causes a significant imbalance with the rights and obligations of the parties; B. Is not reasonably necessary to protect the legitimate business interests of the party benefiting from the clause; and C. Would cause financial or other detriment to the small business." https://miliceviclawyers.com.au/news-publications/busy-persons-guide-new-law-unfair-contract-terms/ 5. M ~ 生產者、經營者單方面制定的限制或侵害相關人利益的條款。 例 「抵制雇主的霸王條款，拒絕不合理的聘僱制度」。 LA ~ 生產者、經營者單方面制定的限制或侵害相關人利益的條款。 - 抵制雇主的霸王條款, 拒絕不合理的聘僱制度。 6. A: 对啊，更别说非洲的那些农民了。发达国家的领导人怎么能昧着良心，这么欺负人呢？ B: 可是他们确实是降低了自己的补贴啊，而且他们国家也有好多农民生活很艰苦。 A: 啊哟，瘦死的骆驼比马大。绝大多数国际组织都被发达国家操控，制定一些霸王条款来剥削发展中国家。世贸组织也不例外。 A: 有的险种对现金和金银损失被盗有一定金额的保障，但有的险种就明确规定不赔付贵重物品。如果投保人都觉得自己家的收藏是无价之宝，那保险公司不就亏大了？ B: 也是。不过我不太相信保险公司，他们的理赔条件很多都是霸王条款。 A: 也不能这么说。好几家保险公司都有家财险，你好好比较比较。我有个朋友就是保险经纪人，要不找他帮你分析分析？ |
| Diff: |
# 霸王條款 霸王条款 [ba4 wang2 tiao2 kuan3] /unfair clause/ + 霸王條款 霸王条款 [ba4 wang2 tiao2 kuan3] /(law) unfair clause/unequal clause/ |