显失公平是指双方当事人的权利、义务明显的不对等,使一方遭受重大不利。学理上在定义显失公平时,关注焦点是权利义务对价形态,其判断采用的是“等价有偿”“诚实信用”等定量甚为模糊的标准,使得司法在适用本条规则时将涉及到对合同价值取向的实质性判断认定,自由裁量权扩大,进而需要合同严守原则的让步,所以无论是在大陆法系抑或是英美法系司法都采取了甚为审慎的又不乏矛盾的态度对其分类、使用条件进行了细致的划分。 Obviously, unfairness means that both parties have obvious rights and obligations that are unequal, causing one party to suffer a major disadvantage. Theoretically, when the definition is obviously unfair, the focus of attention is the form of the right and obligation consideration, which is judged by the very vaguely quantitative criteria such as “equivalent payment ” “honesty ”, which makes the judiciary apply the rule The substantive judgments concerning the value orientation of the contract concluded that the discretion should be expanded and that concession to the principle of strict contractual treatment should be concessioned. Therefore, both the civil law system and the Anglo-American legal system judiciary have adopted very cautious and contradictory Attitude of its classification, the use of conditions for a detailed division.