Research On Civil Legal Liability Of Violating The Obligation Of Compulsory Contracting

The modern contract mount the historical arena to limit the freedom of contract, and make up its malpractice. Forced contracting lays an indispensable role in both the protection of vulnerable group sand justice and the maintenance of the lease social and public interests. In some areas of the mandatory provisions of the obligations of the contracting provisions, the lack of responsibility and restraint mechanisms to certain legal provisions as a piece. Therefore, the combination of all the theories and precedents of violations of the mandatory liability obligations of the parties to the relevant legal issues, This study will become the basic of starting point in this contract on of ourcountry relating to the contract of the legal system.In addition to the introduction and conclusion, this paper from the main part of 6 Chapters:Chapter 1 is the freedom of contract, as well as the birth and development of the core of civil law established in the course, the freedom of contract proceed on its lease of real justice to change the background of the times. Forced contracting is mandatory obligation on the freedom of contract along with the regulatory system.Chapter 2 identifies forced contracting obligations of civil law as part of the law of contract, Making sure that the parties must violate the mandatory obligations of the legal responsibility, this is the purpose of this thesis researching and values embodied.In Chapter 3 analyzes evaluates some representative theories and pointes out their shortcomings. The final new mining under such circumstances be proposed that responsibility more advantages in favor of violations of the mandatory obligations of the parties to a civil should be an independent responsibility, and a powerful demonstration, which is better to regulate violations of the mandatory obligations of the parties. This can further well-developed system of civil liability structure.Chapter 4 discusses the new responsibility of three constituent elements of the subject, as well as exemption. The final subject of the exemption contains a prerequisite of the performance of obligations related to the accompanying obligations.Chapter 5 identifies new accountability, including mandatory formation of a contract and damages. Both the scope and the scope of civil liability commitment has been defined. Analyzing of mandatory obligations of the contracting parties who refuses to perform relative detriment, the civil tort liability arises from a competing form of civil liability.Chapter 6 firms on the legislative proposals and wides the application of a new type of responsibility. If the general provisions in the contract added into law enforcement obligations provisions, China can make clear obligations on the parties to establish a violation of civil enforcement and establish a administrative and criminal responsibility mechanism.In short, this deep analysis of the current comparison of the countries and regions concernes violations of the mandatory obligations of the contracting responsibility for legislation and reveals the existence of problems in our country's legislation. The Author attempts to define the concept of some biased concept which amends a number of relevant legislation to improve the rationalization of the feasibility of our contracting legal system. The protection of the fundamental interests of people and protection of the legitimate rights and interests of the public will promote social stability.