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Right In Front Expect Achievement Contract Conditions Attached Conditions To Take Effect

Posted on:2014-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2266330401969779Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The contract added effective condition embodies the principle of autonomy of private law.It let the contracting parties restrict legal act on their own meaning and is used more and more widely in modern social economic life.The national general principles of the civil law and The contract law have only some simple rules, They did not make provisions about the effect of the contract before the condition was satisfied, The provisions on the rights and obligations of the parties is summarized,in particular on the against the legitimate rights and interests of the parties, It can not be able to deal with the complex social and economic reality.This paper from the establishment and effective theory of contract analysis the current different theory of the effect of the contract added effective condition before the achievement of specific conditions. It determines the nature of the contract effect,and on the basic of that,designs and arranges the rights and obligations between the parties.The article is divided into five chapters. The first chapter introduces the theory of the contract added effective condition,including the concept,characteristics,types, function etc.It also introduces the rules of China,focusing on the analysis of the defects in our country’s regulations.That plays a role on throwing out a minnow to catch a whale.The second chapter from the theory of the contract effect, cards theory of the effect of the contract added effective condition before the achievement of specific condition in our country,comparatively analysis the results of the other countries and regions,define the nature of the contract effect before the condition was satisfied combing the argument and refutation.The third chapter analysis the expectant right of the contract added effective condition,discuss the specific effect of the expectant right,determine the rights and obligations of the parties.The forth chapter arranges the system of expectant right protection before the condition was satisfied,analysis several different expectant right protection modes,and deeply analysis some difficult problems such as the compensation time,the scope of compensation for damages,the retrospective effect influence on the expectant right protection.The fifth chapter in response to the beginning of paper,bases on the analysis of the above,puts forward legislation suggestions about the contract subject to a condition precedent.
Keywords/Search Tags:The contract subject to a condition precedent, The contract effect, Theexpectant right
PDF Full Text Request
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