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Study On Some Problems About Contract Valitidy

Posted on:2007-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z L LanFull Text:PDF
GTID:2166360185992928Subject:Law
Abstract/Summary:PDF Full Text Request
As a private law in adjusting the commercial trade, the Contract law' principle is to encourage trade. Commercial trade is a main part in the marketing econcmy,andthousands of trade form the integraded market.So,the trading contract relation is the fundamental legal relation in the marketing economy. When we encourage the commercial trade, we shoud also emphasize legal justice, which is the essence of the law and the principle of contract law.thatis: we shoud notice the equality between the two parts in a contract,and the ration distribution between the liability and risk.The contract valitidy is a rather important civil law principal, it can not only protect the both parts' lawful rights to realize the justice, but also defend the safety of dealing and maintain the social economic order. Relevant legal rules and regulations in China scattered in Civil Law, Economical Law and some legal explanations and department regulation in past years. Because of it's uncompletion, the system of contract valitidy had not been worked very well. When the new Contract Law issues, those principal right of revocation has been involved and definded. And this system has been completed day by day.In another way, as the econcmical situation becomes more and more complicated, and there is no express prescription in existing laws about problems about contact valitidy, this makes more complication in legal exercise, as a result, more perplexities in theory. To support the people to use the system of contract valitidy in right way to protect their legal rights, in this thesis, the author will begin with the system of contract vailtidy, then expound the relavant theoretic and pratical problems through...
Keywords/Search Tags:vailtidy of contract, exceptional rules of contract relativity, without disposition, invalid contract, limitation of actions
PDF Full Text Request
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