The Introduction To Relational Contract Theory

Relational contract theory is very important, the founder of which is Ian R. Macneil. Stewart Macaulay ever says that people should not attempt to write about contracts until they have studied Macneil. Relational contract theory is regarded one reviving contract. The essence of the proposition of the death of contract means the death of classical contract law and classical contract doctrine. Relational contract theory is founded on the critics of classical contract theory and the former surpasses the latter in many aspects. So, the fundamental issues of relational contract theory can be clarified only through the comparisons with the classical contract theory by the way of vertical study. Generally speaking, the contributions of relational contract theory lay in the relational-as-if-discrete contract and contract norm including common contract norm, discrete contract norm and relational contract norm, which has been recognized by mainstream contract theory in some facets while some not. The author is ready to analyze relational contract theory in the following sides, which are the subject hypothesis, methodology, core paradigm and values. The thesis consists of five parts.The title of the fist chapter is"from the economic person to social person-the conversion of subject hypothesis of relational contract theory". Just price theory is the dominant contract theory in the 18th century as a moral theory of contract. With the rise of market economy, then classical contract theory makes economic person to be the subject hypothesis, which has several characters, such as self-interests, ration, perfect reason and zero transaction cost. The notion of law as science and the separation of law and moral is the underlying origin of the economic person hypothesis. This economic man hypothesis can account for nearly unlimited freedom of contract, and the contingence hasn't meaning in classical law. Relational contract theory makes the social man to be its subject hypothesis. According to the understanding of the author, the social person within the realm of relational contract theory has...