The Basic Question Of Relational Contract Theory

Introduction.Relational contract theory was put forward in mid and late 20th century,when the autonomy of the will as the core theory of the traditional contract theory was being questioned and evaluation.Some new contract law phenomenon in the legislative or judicial fields and practice,such as the implied terms,was difficult to be explained with the traditional contract theory.The relational contract theory corresponded to the innovation demand of contract law theory.American scholar Macneil and Japanese scholar Uchida Ki are iconic figures of Relational contract theory.Relational contract theory has far-reaching influence in contract law and other fields of law,but less concerned of Chinese scholars.On the basis of combing the relational contract theory research,the author would try to innovation the basic problems research about relational contract theory in this paper,and perfect theoretical framework of relational contract theory,in order to promote the embodiment of relational contract theory and promote it be institutionalized.Chapter ?,the origin of relational contract theory.Relational contract theory began with the research of scholar professor Stewart Macaulay,and Ian R.Macneil put forward the concept of relational contract,which Macneil developed independent traditional contract theory basing on.There was ever a great upsurge in studies on relational contract theory around the world.But both theoretical framework and system of relation contract theory have not been mature.With seeking common ground while reserving difference,the author summaries the core content of relational contract theory.This chapter analyzes the theory background and system background of relational contract theory,for example,the value limitations of autonomy,the irrational expansion of "Honesty-Credit Principle" etc.,which reflected the demand in system and theory to the relational contract theory.Chapter ?,the research results and evaluation of relational contract theory.Macneil and Japanese scholar Uchida Ki are iconic figures of Relational contract theory,and there are also some other scholars of relational contract theory,but their doctrines have not yet formed basic consistent theoretical system.This chapter combs and analyzes the views of Macneill and Uchida Ki,and introduces the main points of Kimel,Gudel,and Feiman etc.Based on this research to the overall grasp of these views,this chapter introduces the main ideas of these scholars.The chapter also combs and analyzes theoretical framework of relational contract theory scholars,and summaries both the research of positive evaluation and criticism of academia on relational contract theory.Finally,this chapter clarifies a few theoretical questions about relational contract theory,such as the difference between long-term contracts or incompleteness contracts with the research scope of relational contract theory.Chapter ?,contract relations in relational contract theory view.Contract is the curing legal relation from social relation.Contract relation is different from the relationship between the contracting parties,and contract relation is the legal community relations.Contract relation has four essential properties:the social nature,legal nature,personal detachment and community property.Contract relation also contains the characteristics of Dictates Interaction,Mutual Trust,and Sunk Cost,which are also important independent features of contract relations,relative to the classical contract content.Contract relation is the value of combination with selfishness and altruism,with the value orientation of promoting cooperation."Benevolence" ethics on the basis of equality has certain in common with relational contract theory,which can be used as the code of ethics abide by the contracting parties.The contract relation principles of security,equity and win-win cooperation are the basic principles of contract relations,could be of great significance for protecting the value orientation of the contract relations and the contract civilization.Chapter ?,relational obligations in relational contract theory view.Relational obligations are the contract obligations for protecting the inherent interests and reliance interests of the parties to be protected beyond performance benefits.Relational obligations do not come from the idea autonomy of the parties,but come from the contract relations.The relational obligations are objective and statutory,and their contents contain some obliegenheits.Relational obligations are the endogenous correction to the idea autonomy of the parties from contractual relations.Relational obligations mainly contain responsibility to protect,collaboration and mutual assistance obligations and faithful mutualism obligations.Relational obligations have the characteristic of responsibilities.The normal connotations of traditional nebenpflicht actually contain the simon-pure collateral obligations and relational obligations demonstrated in this article.Relational obligations are different from simon-pure collateral obligations and contractual obligations on occurrence basis,basic properties,and applicable scope,and which the important parts of the contract obligations are.Also in this chapter the concept,connotation,nature and characteristics of the three kinds of relational obligations are expounded.Chapter ?,-the reliefs in relational contract theory view.Most relational obligations are difficult to apply for compulsory execution,but there are a few relational obligations,such as confidentiality obligations,can be apply for compulsory execution.When the relational obligation is not economic or not operable because of the objective reasons,the parties shall have the right to choose to terminate fulfill the relational obligation.When certain consequences caused by a breach of relational obligation,such as damage the inherent interests,damage the trust relationship or other serious consequences,the parties should be given the rights to terminate the contract.The legal liabilities for breaching the relational obligations and the compensation liability for violating the basic principle of contract relations,which are defined as contract relational liabilities by the author.Contract relational liability is different in nature to the traditional responsibility for breach of contract,which is an important complement to the traditional contract responsibility system.At the moment of contract termination,including normal and abnormal termination,there is some surplus being of special values which shall be incorporated in the scope of distribution.The surplus always was made the defaults in advance in the contract.The fair distribution of the surplus is expected by the parties through legal channels,and the parties may also set elastic scheme as a supplement in contract.Epilogue.Relational contract theory can explain the new contract law phenomenon in principle,and fill in the gaps of traditional contract theory with the autonomy principle as the core.The complete exploration of the principle and the improvement of the structure of relational contract theory in this article,would define the basic question of relational contract theory,and strengthen the relationship the independent status of relational contract theory in the whole theoretical system of contract.The contract relation principles,relational obligations and contract relational liabilities,which are the reflection of the influence of contract relations,should be necessary to be raised to the legal norms.The author tries to summarize the legal norms of relation contract theory.The legal norms based on relational contract theory,would be more help to push the contract relations,prevent disputes and settle debates in a timely manner.