Flaw In Contract Law And Its Legal Remedies

Contract law is the core of private law. The contract is the bridge and line that connect legal subjects, so there is a"Contract Principle"on private law. Namely on principle the establishment, alteration or termination of legal relationship between legal subjects should be realized by the contract entered into by the parties. Only in a little case can the legal relationship be changed by one party or by the law itself. Hence the importance of the research on contract speak for itself. As to the research of contract law, it contains two main fields ,the first is whether the contract is valid; the second is what kind of validity the contract has if it is valid. Further more , what kind of consequence has it , when one party breach the contract? This text has decided to research the first problem ,namely the validity of the contract. Although the civil law system and the common law system have difference in the thinking-mode and the law-pattern, the contract is the outcome of the subjects'will(determined by the principle of freedom of contract). The validity of contract depends on the healthiness of the legal subjects'meanings. If the intent-indication is healthy, the contract should come into effect according to the meanings of the parties. However sometimes the parties'intent indication is unhealthy or flawy for a lot of causes, the contract should not be completely valid and the law should give remedies. Thereby this text decides to research the validity of contract from the view of intent indication'flaw.This text sets out from the theory of intent indication. The first party of this text focuses on the concept of intent-indication, the elements of the intent-indication and the course of the forming of intent-indication. The aim of defining the concept is to ascertain the connotation and the extension of the concept, consequently differentiate the objects of this concept and other concepts. To define the concept of intent-indication is to differentiate the intent-indication of juristic acts and the intent-indication of natural language, at the same time to differentiate the intent-indication of juristic acts and other indication-acts, such as notion-notice, sentiment-indication and so on. The text claims that the intent-indication as the element of juristic acts is social intercourse that the intent-indicationer has...