Font Size: a A A

Research On The Post-contract Obligations And Responsibilities

Posted on:2009-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:R X WangFull Text:PDF
GTID:2166360242974392Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Modern economy is market economy which is composed of thousands of contract relations, in this way, marketization is contract marketization. Contract law is the significant part of civil and commercial law, playing a great part in adjusting possession transference relation; regulating market order. The principle of contract freedom is still the important principle of contract law, dating back to the times of classical contract law. Along with the development of market economy, the base of classical contract law-equality and reciprocation changes, resulting in the unbalance of contract making ability between contract parties in some situations, thus, some theories of modern contract such as the principle of contract justice, good faiths principle and so on, start to revise the absolute freedom of contract. One of the obvious representations is the dilation of contract obligations, including collateral obligations, pre-contract obligations and post-contract obligations. The aim of this paper is to form systematic "obligation-responsibility"legal frame, to conceive intact "obligation-responsibility" system of contract by the research on post-contract obligations, making eliminate "soft-article" of contract, combing obligations, responsibilities and redress as a whole. Regulating definite responsibilities methods in general rules of contract law, specific post-contract obligations and responsibilities in the following chapters of contract law according to trade customs, to satisfy the development of social economy life all-sided and positively, to balance the legal rights and benefits of contract parties perfectly, to keep good faith principle paramountcy authority, to maximize the contract avail, to optimize the possession transference and efficiency.This paper opens out the economy foundation and theory base of post-contract obligations and responsibilities, starting from the research on legislation, prejudication and doctrine, basing on written information, by the method of materialistic dialectic, comparative analysis, concluding, deducting, systematic research and so on. This paper indicates that post-contract obligation is different from pre-contract obligation, contract obligation and is a unattached responsibility form of contract law; post-contract responsibility has its own definite constitution; This paper also illuminates the burden bearing methods of post-contract responsibility.
Keywords/Search Tags:Contract Obligation, Contract Responsibility, Post-contract Obligation, Post-contract Responsibility, Compensation for Damages
PDF Full Text Request
Related items