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Research On The Legal System Of Compulsory Contracting

Posted on:2008-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:H P LiuFull Text:PDF
Abstract/Summary:PDF Full Text Request
The doctrine of freedom of contract is the core of the classic contract theories, with the development of the economy and the progress of the society, absolute" freedom of contracting" may become compulsory tool of the strong parties to exploit the weak parties, result in substantially unjust positive, against the substantial justice of the contract. When the economic position of the both parties is unepual, the strong parties refuse to accept the offer would violate the right and interest of the weak parties and the whole society. Modern civil law have to restrict freedom of contracting for the sake of the substantial justice of the contract.Compulsory contracting is one of the restricting freedom of contracting, it is very important about to protect benefits of society and reach the substantial justice of the contract. This thesis is aiming at analysising on the fundamental issues of compulsory contracting.It is commonly agreed that compulsory contracting is equal to compulsory acceptance. This thesis believe that making the contract include invitation and acceptance, it is compulsory acceptance, or compulsory invitation.The thesis agrees that the definition of compulsory contracting needs enlargement. The summary is as follows: Compulsory contracting is the legal obligation that personal or the business enterprise take to have toward the others sends out the reasonable to want to invite or to others of reasonable want to be about duty of take into the commitment, according to the provision( direct or indirectly) of the law. It expect to have a more clear understanding about the compulsory contracting, The thesis discussed characteristic, classification and compared with related concept. The thesis mainly analysis the civil case responsibility and believe it is a kind of special mistake of contract responsibility while discuss the compulsory contracting is not to do. The thesis pointed out present condition and shortage of compulsory contracting in our country, and put forward the lawmaking suggestion to improve the compulsory contracting.The primary achievement of this thesis lies in a discussion of conception of compulsory contracting, it is believed that it is a kind of duty and can't give up While discuss the characteristic of compulsive compulsory contracting, it's a kind of special mistake of contract responsibility when discuss the the civil case responsibility. A historical comparateve analysis aproach is adopted in accounting the free contract doctrine and justice theory of contract in dealing with the origin and developments of compulsory contracting. In dealing with forms of liability assuming and relevant notions, the argumentation is carried out with an approach based on comparative and logical inference methods for the sake of preciseness. It is used method of practice and theory when discuss the present situation and the consummation about the compulsory contracting, the attenion legislation suggestion has been possibleoperationally with the practical application feasibility, from caused the theory to serve for the practice.
Keywords/Search Tags:Compulsory contracting, The doctrine of freedom of contract, Justice of contract, Law responsibility
PDF Full Text Request
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