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根据民法通则第59条的规定,显失公平的民事行为,一方当事人有权请求人民法院或者仲裁机关予以变更或者撤销.司法实践中,法院也常常以显失公平为由撤销或者变更经济合同及其他民事行为.目前流行的民法理论对此亦持肯定态度.笔者经过思考,斗胆提出些反议.一司法解释与学理解释对显失公平民事行为的含义之阐述是一致的.一般表述为:在民事活动中,一方当事人由于缺乏经验或情况紧迫,所实施的对自己有明显重大不利的民事行为.该行为的特点是:1.显失公平集中体现于其行为的后果方面.这一行为造成了当事
According to the provisions of Article 59 of the General Principles of Civil Law, obviously unfair civil conduct, one party has the right to request the people's court or the arbitration organ to change or cancel .In judicial practice, the court often revoked or changed the economic contract on the obvious unfair grounds and Other civil acts.Currently popularized civil law theory also holds a positive attitude to this.After thinking, I venture to put forward some counter-arguments.A judicial interpretation and academic explanation of the obvious unfair civil behavior is consistent with the interpretation of the general statement is: In civil activities, one party, because of lack of experience or urgency, has a significant and adverse civil act against himself that is characterized by: 1. The apparent loss of fairness is reflected in the consequences of his conduct. Cause the parties