Study On The Effectiveness Of Contract Breach The Mandatory Rule

This thesis is a new contempt research into the effectiveness of contract breach the mandatory rule law based on the idea of the private law such as self-government and the right-based theory. By this contempt, we assure and overthrow that the effectiveness of contract breach the mandatory rule to be all and singular nullification in the traditional contract law and administration stipulate, and then affirms the effectiveness of contract breach the mandatory rule should be judged by the social benefit such as commonality order and goodness customs, that is the motility and ultimate aim of the modern private law . This thesis is divided into five parts altogether. The first part is preface. We start with the statutes about effectiveness of contract breach the mandatory rule in the present contract and its negative affect in fact, based on these, and point out that it breaches impersonality rule and basic demands of the market economy, so, it should be survey and reconstruct. Chapter one is the legislation transformation of effectiveness of contract breach the mandatory rule. We review and analyze formation and evolution of the effectiveness of contract breach the mandatory rule in its history includes General rule civil code, judicatory interpretation and case. Based on this, we put forward a point that its theoretical revolution and practical overturn change suffered long rough course. No problem, we analyze and think the reasons include the laciness of the private law spirit and its corresponding tradition,...