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On The Behavior Of Contract Frand

Posted on:2008-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:W F TangFull Text:PDF
GTID:2166360215487212Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
This dissertation has been divided into four parts. Thefirst chapter has been titled as "the legal contents andcharacteristics of contractual fraud" analyzed theorigin,historical development and the meanings of the twoterms "fraud" and "contractual fraud", and then made aclear distinction between "contractual fraud" and"contractual fraud crime" so as to defined the legal contentsclearly and definitely. The second chapter titled as "theconsidered factors and values in the legal regulation ofcontractual fraud", it studied theoretically those factorswhich shall be taken into consideration when contractual fraudbeing regulated by rules of law, explained the notion andfunction of values included in the contractual fraud so as toprovide an overall guidance to our legislation concerning theregulation of contractual fraud. The third chapter titled as"the representations of contractual fraud" has generalizedthe traditional and new representations of contractual fraudform the perspective of judicial practices,on the basis ofwhich the major reasons why new representations of contractualfraud have been identified or solved so difficult in practice.The fourth chapter titled as "the legal regulation and itsdefects in our law concerning contractual fraud" discussed thepresent status of our law concerning contractual fraud,explained the main difficulties occurring in theidentification of "the contractual fraud" in judicialpractice and fully and comprehensively analyzed theinsufficiencies of the legal regulation of contractual fraud in our law, and proposed the recommendations about theinnovation of "the legislation of contractual fraud" for thepurpose of perfection of our concerned laws. The last chapteris a conclusive part of this dissertation.
Keywords/Search Tags:contractual fraud, legal regulation, fraud, civil liability
PDF Full Text Request
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