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The Research On Education Contract

Posted on:2005-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:X F LuoFull Text:PDF
GTID:2156360125458619Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
According to the theory of education industry, there is an equal and free exchanging relationship between education organization and students, which is an education serving -consuming contract. The education contract is a civil one, but its parties are particular, object is education, purpose is not for profit, standard of implement is complex, etc On the basis of different standards, education contract-can be divided into schooling education contract and non-schooling one, compulsory education contract and non-compulsory one, public schools' education contract, private one and public and private jointly one, education contract for one's own benefits and contract for the third people's benefits. During the concluding process of education contract, person's capacity to conclude contract should not be restricted. Infants can conclude, but the system of contract effect is able to protect their rights. Education organization's recruiting briefing or advertisement is generally invitation to offer, so is people's application for entering school. In the education contract, education organization should offer teaching service of standard quantity, evaluate students fairly, distribute the certificate, protect students' body and property etc. But students or their appointer primarily undertake the duty to pay the fee. If the party does not implement the obligation, he must undertake the default duty. On the basis of the system of contract effect, education contract is divided into the valid, the void and the voidable one, and schooling education contract infants concluded is often voidable one When implementing the contract, students or their appointer should previously pay the fee, if they don't do it appropriately, education organization has plea right to refuse offering education service, even relieve the contract. But if the management of education organization gets worse, it is not to break contract when the opposite party does not pay the fee. Generally, such as changing the class and dropping out for a certain time all belong to the contract alteration. The party can often transfer his own obligation, but the education organization should obey the law restrict when transferring obligation. The causes of termination of education contract generally include: the contract has been implemented completely, the contract is relieved, bond, students die, education organization terminate, etc.
Keywords/Search Tags:Education contract, Civil contract, Main payment obligation, The duty of breaking contract, Legal effect, Termination of contract
PDF Full Text Request
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