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Research On The Compulsory Contract Legal System

Posted on:2008-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:K ZhouFull Text:PDF
Abstract/Summary:PDF Full Text Request
The doctrine of freedom of contract guarantees exchanges smoothly with the mechanism's function. Absolute"freedom of contract"would injure substantially unjust by the kind of formal equality. Hence, many countries and regions put restriction on the freedom of contracting one after another, the offeree should coot refuse to accept the offer without justification and has to conclude the contract, namely, the compulsory contracting system. However, the current legislation about the compulsory contracting system in our country is imperfect, and there is not enough systems research in the theory. As a result, some vulnerable groups' interests can't get good protection.For justice of contract and the benefits of state and society, we must improve our compulsory contracting system. Firstly, this article expatiate the economic and thought basis of the compulsory contractual legal system by analysis on the appearance and defines its meaning as compulsory promise, and then definite the function of this legal system clearly. Secondly, elaborated has violated forces the legal liability which concluded a treaty the duty to be supposed to undertake, and thought should it confirm for the violation responsibility, also did not deny the investigation to infringe upon the right the responsibility possibility the important contract person. At last, put forward some suggestions, which include the applicable object and the restrictive conditions of the legal system of compulsory contracting, the deadline of the offeree to make promise, the collateral obligations that the offeree would perform when he has legitimate grounds and can refuse to contracting, as also as the legal liability the offeree would undertake when he violates the legally contracting obligations. Meanwhile, the article poses that it should add a general term about the legal system of compulsory contracting in "contract law".To face to the social problem strictly, to draw lessons from abroad superior legislation thought and to perfect our compulsory contractual legal system, all of them are good to protect the weak party's legal benefits and enhance the whole benefits, and then to improve the stability of social order.
Keywords/Search Tags:The doctrine of freedom of contract, The compulsory contracting, Legal duty
PDF Full Text Request
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