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Study On The Legal Contract Form

Posted on:2007-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:G T LvFull Text:PDF
GTID:2166360185987010Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The relationship between the free contract form and the legal contract form is either antinomy or accordant. Both free contract form and legal contract form are the means to regulate the form of contract. The principle of the regulation of contract form is free, and legal contract form is exceptional. To discuss legal contract form is help to understand free of contact form and exactly apply the laws. The reason that contract adopting the legal form exhibits variously in the different periods of law development. In the early period the law development, the purpose that contract adopting the legal form is hypothecate. It is owned to affirm the force affected. In modern law, the purposes that contract adopting the legal form are caution, division, evidence and protecting interests of public, third-party, and puny colony. From operational point of view, such legal purposes would be realized through legal form. Especially for the social advantages, only through legal form such as register and examine and approve can nation effectively administer and control legal relationship between private legal subject. Legal type is the necessary request of legal contract form. Legal types of contract forms include general writing forms and special writing forms. General writing forms include memorandum of contract, letter or electronic data message. The article discuss the legal problems relative to the three types of general writing forms, such as the constitutes of general writing form, signature or sea and so on. Special writing forms include register and examine and approve. The article analyses the legislations on legal contract form home and abroad. The legislators think over some factors when they decide which type of contract should adopt the legal contract form. The factors include...
Keywords/Search Tags:contract form, legal contract form, absent of legal contract form
PDF Full Text Request
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