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Property, Contract And Business

Posted on:2007-12-23Degree:DoctorType:Dissertation
Country:ChinaCandidate:K WangFull Text:PDF
GTID:1116360182491437Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Start point of research: Credit is becoming a hot issue which has spread over such fields as economy, sociology, ethics and the law science in an age which is lack of trust, morality, and politeness. It is obviously shown that the credit is a very important,complicated and various problem. Although there are some differences on the objects, ways and approaches to the research of trust among different fields or different schools belonging to the same field, all the fields pay great attention to the forming of the credit, from which the paper develops its thought.Research object and goal: Credit is a certain social relationship based on human's behaviours, and to establish credit relation is the necessity of meeting people's need of association. However it is impossible for us to avoid the weakness of opportunism in human's nature, therefore, it is inevitable for people to trust in others or be trusted by others and to set up trading credit relations in commercial affairs. The parties concerned in credit relationship have mutual risks, benefits and responsibilities, so credit relationship also embodies a legal relationship, for it is regulated by the civil law and commercial law mainly, from the view of jurisprudence ,the concrete rules of civil law and commercial law aim at controlling the weakness of opportunism in human's nature. Then, how the law could better meet the credit demand in trading affairs and promote the forming of credit relationship in commercial affairs should be what the contemporary law circles think together. It is a duty for scholars of civil law and commercial law to promote every legal system and make the credit relationship of commercial affairs be set up and expanded. This is also the author's research object and goal.The current weakness of research about credit relationships in law field:the weakness of research in civil law and commercial law field mainly includes three aspects:Firstly, the study of credit is limited to researching pattern of law science of the concept, which can't be used to communicate with relevant disciplines and restricts the academic progress of law science on the study of credit, and this influence is mainly showed at the level of concept of law.Under this researching frame,scholars of civil...
Keywords/Search Tags:Trading Credit, Mandatory and Arbitrary, Balance
PDF Full Text Request
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