| Summary: | 碩士 === 國立中正大學 === 財經法律系研究所 === 105 === The principle of freedom of contract can only be achieved if the parties have a balanced bargaining position. According to the principle of contract, the parties who made contract have the freedom to make a contract based on their concern. The problem often arises from the relationship between business and consumer. Such problem usually concern related to rights and obligations of each party. However, in practice, there is unbalance position in the contract. The party who has strong position often make contract unilaterally. The strong party made exoneration clause in the contract. On the other side, the party who did not make the contract must accept all the terms and conditions.
In order to protect the consumer from unfair contract practice, each country has regulation to protect and to control the exoneration terms and condition in the contract. Both Indonesia and Taiwan use the contract as business needs. Protection to exoneration clause practice in the contract can develop contract practice and balance the business environment.
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