Study On The Legal System Of Compulsory Contracting

The doctrine of freedom of contract guarantees exchanges smoothly with the market mechanism's function. Absolute "freedom of contract" would injure substantially unjust by the kind of formal equality. Therefore, modern civil law restricts to "the freedom of contract". When the economic position of the both parties is unequal, which result to the satisfaction of one party is decided by the other the party .In this circumstance, the offeree refuse to accept the offer would violate the right and interest of the offerer and the whole society. So it is necessarily to limit the freedom of contracting of the offeree, whom should accept the offer without justication and has to conclude the contract. It just is the compulsory contracting.This article reveals the social problems and legislative defects in our legal system of compulsory contracting. According to the current of the law philosophy and the development of the civil law in the 20th centuries, the article analyses the economic and theoretical basis of the legal system of compulsory contracting. Compares and analyses the legal system of compulsory contracting of some other countries and districts, the article raises some suggestions to improve the legal system of compulsory contracting of China. Besides the preface and the conclusion, the article includes five parts.The preface generalizes the developing process of the legal system of compulsory contracting, and elaborates the significance of the system and the realistic sense of the perfection of our country's legal system of compulsory contracting.The first part states the economic and theoretical basis of the legal system of compulsory contracting, defines its meaning as compulsory promise. The part also discusses the characteristics of the system and its relation with some other legal systems.The second part illustrates the theoretical foundations of why that the legal system of compulsory contracting could exist and take effect. They are the theory of freedom of contract, the theory of justice of contract and the theory of contract'seffect.The third part introduces the legal system of compulsory contracting in other countries and districts. The investigation in the compare law would help us perfect our legal system of compulsory contracting.The fourth part enumerates the legislative acts about the legal system of compulsory contracting in our country, then analyzing the defect of the current acts.Combinating the fourth part, the fifth part believes that the scientific legislation would be the essential measure to perfect the legal system of compulsory contracting of our country. This part put forward some suggestions, which include the applicable object and the restrictive conditions of the legal system of compulsory contracting, the deadline of the offeree to make promise , the collateral obligations that the offeree would perform when he has legitimate grounds and can refuse to contracting, as also as the legal liability the offeree would undertake when he violates the legally contracting obligations .Meanwhile, the article poses that it should add a general term about the legal system of compulsory contracting in "contract law".The conclusion summarizes the full text contents, affirms that the legal system of compulsory contracting advances the doctrine of freedom of contract and prospects its function.