A Study On The Compromise Contract

Although Compromise contracts is widely applied in our country, but the legislation in our country has not certainly made operational stipulation about it, moreover the research about the Compromise contract is always a weak aspect in the present domestic legal science research. Through inspecting and analyzing a series of basic questions of compromise contract, the article will make us obtain more comprehensive understanding to the system. The full text includes the introduction, the main body and conclusion. The main body divides into five parts, starting it as follows now:The introduction has summarized the goal of research, the significance and the value of this article.Part one: the outline of Compromise contract. This part first elaborates the significance of Compromise contract, and defines the meaning of Compromise contract. Then the part points out Compromise contract is a kind of contract in which both of the parties yield to opposing party in order to terminate the dispute between each other concerning private rights or to obviate the uncertain state of the legal relation between the two parties. Then the author analyzes connections and differences between reconciliation contract and reconciliation. And the part also analyzes the nature of Compromise contract, points out the Compromise contract is double-serviced contract, promised contract, is not kind contract and paid contract. Finally, there is the legislation inspection to Compromise contract. This part introduces the stipulation of Compromise contract in Civil Law in the Roman law, French, Italian, German, Japanese and Taiwan area, and analyzes similarities and differences among various stipulations.Part two: elements of establishment of Compromise contract. This part analyzes elements of establishment from the body, the object, the content. Then the author points out the body in the Compromise contract must have the ability of compromise, and must have the subjective goal to terminate or prevent the dispute. The object of Compromise contract is the explicit legal relationship in dispute. The judged item by the court would still be the object of Compromise contract. The content of Compromise contract is that both parties mutually yield to.Part three: the validity and invalidity of Compromise contract. This part separately elaborates the effect of the debt relations, the real right, and the other right relations in Compromise contract. And the author elaborates the effect of creditor's rights, the determination, positive and the negative, the relative in Compromise contract in detail. Then the author elaborates the system of invalidity,Part four: the variation, revocation or cancellation of the Compromise contract. This part deals mainly with some issues in term with the variation, revocation or cancellation of the Compromise contract and meanwhile points out its features of the compromise contract compared with other contract.Part five: the suggestions of legislation about constructing the system of Compromise contract in our country. This part analyses the present situation of legislation in our country. Taking these facts mentioned above into consideration, the author points that we must regulate Compromise contract in the form of a special contract in our country's future legislation. And from eleven aspects as the definition of Compromise contract, the parties of Compromise contract, the effective, the relation with mistake, the contract entered into by the agent, the compromising capacity and the disposability of the right related, the prohibited issued of compromise and its exception, miscalculation, the expiration period of revoking right and the integrity of the compromise contract. The author proposes the related legislative suggestions about constructing the system of Compromise contract in our country.Postscript: summarizing the gist, and the paper is over.