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The Analysis To The Game Theory Of The Standard Form Contract

Posted on:2007-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2166360182989373Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The standard form contract is an important item to which law researcher pay more attention at all time. More researcher does the research in a deep and careful grade, as a result gave a large number of articles about it. However, almost all of them talk about it from the angle of law theory, few of them involve to the course that it develop from free contract to standard form contract and to limited standard form contract at last. There is difference between the law researchers and economists about standard form contract. Economists regard it as a model in modern society. But it was regards to against the traditional contract theory by law researchers. The reason to this difference is from the difference of the research angle.As a system of the society that people control themselves, law is an order to all people and is effective in all the grounds of the society. But as a branch of the society research, law has few research ways that just belongs to it. Most of them are borrowed from other branches, such as philosophy, economy in the course of the development. Now, the appearance of the game theory gives us another weapon to use in law research. The game theory is used to analyze the choice of people when they need to choose in a game. The game theory provides a new sight to research law when we research the building of law system.The game theory is a weapon to analyze the phenomena that people act each other. The base of it is the theory that people act just because of their benefits. They purchase the largest benefits by using their knowledge and thinking about their wishes. It researches the cooperation and conflict between the game players and then it researches the strategies that players choose and the equilibrium that results from them. As a theory about strategies, the game theory is adapted to all actions that need cooperation and conflict. So it is adapted to the problem of law. In using the game theory to analyze the problem of law, it aims to find how players to choose their action. If the game theory can forecast the action of players, there is possibility to affect their act by using the law to meet the needs of law creator. At the same way, we can use the game theory to analyze the standard form contract. Before it, we must have a model that from our life. Then wechange it into a model in a game theory and analyze how players choose their action. At last, we analyze why they change their choice in the affection of law.
Keywords/Search Tags:The standard form contract, The game theory, Law, Complete information, Incomplete information
PDF Full Text Request
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