| There is a systematic differentiation of labor among the norms to regulate the content of a contract. According to their different contents, the standard terms can be classified into the core presentation terms and the incidental terms. The norms to regulate the content of the standard terms cannot be applied to the core presentation terms. The fundamental reason is that, although the market mechanism usually cannot affect to the incidental terms, it can do to the core presentation terms. In the same time, this does not mean that the core presentation terms are free from the regulation of the legal order. The intervention into the contract depends usually on the composite force of two requirements, that is, the low degree of agreement and the inadequate degree of equilibrium between presentations. Article 40 of Chinese Contract Law establishes an inference that the degree of all the agreements concerning to the standard terms are low, so as to exempt the burden of proof when regulate the content of the standard terms. As to the identification of the core presentation terms, although there is not a general standard, there are several hints in the real world. As far as the typical contracts are concerned, the necessary requirements to establish the contracts belong to the core presentation terms. Besides, the terms providing the price are usually the core presentation terms, for the market mechanism can work. As to the non-typical contracts, the identification of the core presentation terms depends on the abstraction of their establishing requirements and the affection of the market on the concrete content of the contracts. |
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