Research On The Compulsory Contract Legal System

Absolute ownership, fault liability, contract freedom was three principal of modem private law. Freedom of contract is the core and express of the principle of private law. Freedom of contract emphases the party's absolute freedom and absolute effect. It improved that times'economic development maximally.With the development of economic, the laissez - faire capitalism has changed to the formation of monopoly capitalism. Contract freedom has experienced emerging and decaying. The limit of contract freedom theory widespread emergence in both theoretic and practice, among them the most outstanding of should be compulsory contract.The compulsory contract invites the contract heads for substance justice from the form justice and invites the law from supporting personal benefits change for respecting a social benefits.It plays greater roles in protecting the benefit of Low-grade Class. Usually people regarded that the compulsory contract only means compulsory offer, but in actual it must includes compulsory commitment. We can comprehend compulsory contract as that the one side have an obligation toward others to send out a hope to make contract of the meaning expression, or the other side negative have an obligation approval the other's want invite of the meaning expression.The compulsory contract has incisiveness intension and strict application addition. The negative one has the right to ask someone to contract, but it was based on the one's adaptation. This kind of right is right of claim. But when violating the opposite person's claim power under a law obligation which is breached compulsory contract request power to promise a load of civil case responsibility to it, the theories field hasn't definite clearly in what kind of definition.Our country 's law of compulsory contract is still so easy, the details of the compulsory offer and comment has many blemishes and what is the kind of liability has many blemishes. Compulsory contract is existed in much around to live a vitally related and public product a supply realm with people, so the law of this aspect's perfection very urgent.