Empirical Challenges and Normative Path Reconstruction of the "Conspicuous Notice Obligation" of Standard Terms under the Civil Code

Abstract

Article 496 of the Civil Code of the People's Republic of China establishes the obligation of conspicuous notice for providers of standard terms, aiming to ad-dress unfair transactions caused by information asymmetry and unequal bar-gaining positions in contractual relationships. However, in judicial practice, the understanding and application of "conspicuous notice" are highly uncertain. Notice forms are often formalistic, and the effectiveness of notice is difficult to assess, leading to inconsistent judicial standards and undermining the certainty and predictability of the law. Based on empirical analysis of typical judicial cas-es, this paper reveals the main difficulties in applying the obligation of conspic-uous notice and, drawing on foreign legislative and theoretical achievements, proposes a typological approach to reconstructing notice standards. It seeks to balance contractual freedom and protection of the vulnerable, providing refer-ences for improving the relevant system and judicial practice.