Font Size: a A A

On The Pre-contract Obligation

Posted on:2009-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:B C TianFull Text:PDF
GTID:2166360248952464Subject:Law
Abstract/Summary:PDF Full Text Request
Classical theory of the law of contract, a contract that is the obligation and no non-contractual obligations. Only after the establishment of the contract effective only contractual obligations exist. But with the development of market economy, people between the lease growing, and many disputes occurred in the contracting stage. If it is still the law of contract by the classical theory, the parties are not conducive to protecting the interests of clients, Contractual obligations of the parties to have large effects, it is really a product of the rise of credit principles, the principles relating to the implementation of honesty and credibility,contractual obligations will not abide by the contracting parties when brought great loss and reduce the efficiency of the transaction to increase contracting risk, so it is an important safety and efficiency of protection group has gradually become contractual obligations as an important component. However, due to insufficient understanding of its people, coupled with its institutional shortcomings, and no contractual obligation to fully play its due role jointly. With the continuous development of society, the first contractual obligations will increasingly show its importance, which should improve its legislation. The present theoretical circles on the definition of first contractual obligations are still vague, this paper attempts to through the civil law and common law of comparative law studies, I had with the current situation related research, will be the first start with the definition of contract, contractual obligations set out first the specific types of analysis to other types of contractual obligations and obligations of the relationship, for breach of contractual obligations by the first violations of the interests done a detailed analysis to the relevant judicial practice in the case of compensation standards help, and in now attention in the form of contractual obligations to prevent the risk of their personal Several suggestions and ideas...
Keywords/Search Tags:Pre-contract obligation, Collateral obligation, Trust benefit, Honest and trustworthy principle, Sign a treaty neglect duty
PDF Full Text Request
Related items