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合同是双方当事人为确保交易的实现而设立的彼此间的权利和义务。传统意义上的合同需要建立在当事人双方协议的基础之上。是当事人双方自由选择的结果。随着社会经济、法律等方面的发展和复杂化,传统意义上的合同也发生了演变,一种新型合同——格式合同,在社会经济活动中,特别是在消费者的日常生活中发生着愈来愈大的影响。格式合同是由缔约一方当事人向不特定的当事人提出规定双方当事人的权利和义务,并不得加以改变的接受或拒绝的合同,它具有完整、固定的具体内容。这种合同的特殊性在于它不是由合同双方当事人协商订立的,而是由一方当事人,主要是经营者单独订立,然后向不特定的当事人发出要约,根据“订不订由你”原则试图把其合同条款加给受要约人,受要约人对合同的全部条款只能接受或拒绝,不存在协议修改或变更的
The contract is the mutual rights and obligations between the parties to ensure the realization of the transaction. Conventional contracts need to be based on the agreement of both parties. It is the result of the free choice of both parties. With the development and complexity of socio-economic and legal aspects, the contracts in the traditional sense have also evolved. A new type of contract, the format contract, takes place in the social and economic activities, especially in the daily life of consumers Increasing impact. A formal contract is a contract between a contracting party and a non-specific party for the acceptance of or refusal to change the rights and obligations of both parties, and it has a complete and fixed specific content. The particularity of such a contract is that it is not concluded by the parties to the contract but by one party, mainly the operator, and then the offer is made to an unspecified party. According to the principle of “set by you or not” Attempting to impose the terms of the contract on the offender, the subject of the contract can only accept or reject all the terms of the contract, there is no agreement to modify or change