Study of the Tendency of Adjudication of Obvious Unfairness System under the Dynamic System Theory

Abstract

The obvious unfairness system is a key rule in Chinese Civil Law that regulates the impact of civil legal acts. Legislatively, the obvious unfairness system has passed through the provisions of the General Principles of Civil Law, the Interpretation of Civil Law, the Contract Law, the General Rules of Civil Law, and the Civil Code, and its theory of constructive conditions can be broadly separated into two parts: the theory of the unilateral essential and the theory of the bilateral essentials. In terms of justice, obvious unfairness system is divided into three tendencies of adjudication, focusing on objective conditions, subjective conditions, and both subjective and objective conditions. Based on the General Principles of the Civil Law and the Civil Code which legally define the Bilateral Essentials, in the face of new problems in judicial practice such as the difficulty of judging subjective conditions, we should utilize the dynamic system theory to reinterpret the constructive conditions of the obvious unfairness system. And based on the three common types of contracts to which the obvious unfairness system applies, we should explore the adjudication tendency of the obvious unfairness system under the dynamic system theory. The goal is to accomplish substantial fairness and justice by making its inner value orientation and outer legislative form into harmony and unity, carrying the trend of social development.