Format contract is the basic form of financial contract in the era of digital economy.The current law focuses on the fair value consideration of the standard clause,and fails to properly reflect the efficiency value demand of the standard contract in the financial industry.The development of digital technologies makes financial format contract better achieve information efficiency,the operator of financial platform needs to create credit mechanism s via format contract for the purpose of reducing transaction cost.The financial industry form contract therefore has significant efficiency value.At the same time,the digital economy has put forward the requirement of The Times to realize the fair value of the standard contract in the financial industry.The standard contract in financial industry has caused a new fairness problem due to the"bias"of the algorithm,and has produced the practical application effect of"universal"but not"beneficial".The law should shape the legitimacy of standard contracts in the financial industry in a way that the dual values of fairness and efficiency are coordinated.It is a rational choice to clarify the concept of legal norms of standard clauses,realize the shift of prompt and explanatory obligations,establish absolute/presumptive invalid rules and optimize the filing system.
digital economyfinancial format contractefficiencyfairness
万方数据
维普
