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Perfecting And Transcending Of The Principle Of Rebus Sic Stantibus

Posted on:2006-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:J Y QianFull Text:PDF
GTID:2166360155475783Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The study of the basic theories of Rebus Sic Stantibus in China today has not transcended the accomplishment which was made by Shi shangkuan in 1954. IN the fact, based on the theory of Pareto efficient, we can analysis the basic theories of Rebus Sic Stantibus, perfect the conditions of the application of it, and reach the conclusion that the Principle of Rebus Sic Stantibus not only conforms to the principle of good faith, but also can promote the allocation efficient of the social resources. At the same time, it is important to illustrate the character of subordination of Rebus Sic Stantibus. In order to perfecting the principle of this legal principle, it is worth of probing the applying conditions of it. The establishment of Rebus Sic Stantibus can meet the need of construction of market economy and competition in the global market. And it is also the character of maturation of legislation in China. We should pay more attention to the obstacle to the establishment of Rebus Sic Stantibu. The solutions of this problem rely on the reformation of political system and improving judicial environment and the quality of judiciary.
Keywords/Search Tags:Rebus Sic Stantibus, Pareto efficient, Obviously Unfair
PDF Full Text Request
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