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Offer To The Right To Revoke The Legitimacy Of Review

Posted on:2006-05-11Degree:DoctorType:Dissertation
Country:ChinaCandidate:G H QinFull Text:PDF
GTID:1116360152988022Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
What this article focuses on is the system of offer revocation. That includes what's matter with the system and how to solve them. The text is composed of six parts. Part I gives out the meaning of offer revocation and right of offer revocation, and responses to some partial views. Part II is important. It finds that right of offer revocation lead to awful problems in two hands. In one hand, there is conflict between right of offer revocation and right of acceptance. In the other hand, in many cases right of offer revocation infringes upon the reliance interest of offeree. As a result, we can concludes the unjustice of the system of offer revocation. In part III, the article tries to find how different nations respond to problems discussed above. But unfortunately, there is no appropriate active way. Faced with this situation, we have to probe into right of offer revocation. One of the good analysis facilities is Berlin's Liberty Theory. The theory divides liberty into positive liberty (or freedom) and passive liberty. The positive freedom focuses on the realization of wills, while the passive freedom pays its attention to prevention of others intervention. Because the positive freedom is inclined to abuse, so the passive freedom is what we must cherish. This is Part V. In next part, the article takes a research on the relation between right of offer revocation and the two freedoms, which concludes that right of offer revocation belongs to the positive right. And so it's undue. But compared with system of material false and fraud or menace, Part IV tells us that, our system of offer revocation is undue. At last, the article gives an conclusion and suggests cancellation of settings of right of offer revocation.
Keywords/Search Tags:Right of offer revocation, Conflict of rights, Reliance impair, Positive freedom, Passive freedom, Abuse of positive freedom
PDF Full Text Request
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