| 英文摘要 |
The thesis would analyze Taiwan Taipei District Court Case of Year 97, No.3802 Su, which put the case in society, with virtue jurisprudence. One drafted the provisions in standard form contracts, restricting the others’ freedom of contracts. In this case, the unreasonable provisions of revolving interests would lead to the problem of society, economics and morality. Professor Theoder Viehweg had criticized the concept of law, and had advocated the problem-oriented argument. My thesis would trace back to ancient Greek philosophy, searching the promotion of it. Professor Lon L. Fuller had said the inner morality of law, in this case, Consumer Protection Act § 12 contained “justice of contracts” and “economic analysis of law”, which the court used to judge whether the provisions in standard form contracts were reasonable or not. There might be conscious that justice was inside the laws. My thesis tried to find the source of justice, the practice of justice in contracts, and the presentation of “fairness”, “equality” in Consumer Protection Act § 12. |
