On Relativity Regulation Of Contract And The Exceptional Cases

This thesis is a study of relativity regulation of contract and its exceptional cases by a combination of theoretical level analysis and practical level analysis, and comes to a conclusion that relativity regulation of contract is a very important component of traditional Contracts Law, and it determined that contracts only generate illegally binding among specific parties. And only the concerned party of the contract can issue requests to the other party or initiate proceedings basing on the contract, but not issue the ditto request to the third part who is not concerned with the contract. And can not set unauthorized contractual obligations for the third party; accordingly, the third party must not issue requests or initiate proceedings basing on the contract which has already been placed by the specific two parties concerned. They two supplement and complement each other. But along with the development market economy in modern era, the interests of the concerned parties or the third party will be damaged if the relativity regulation of contract is rigidly obeyed. That is why the practice of contract legislation and justice of each country develops exceptional cases of relativity regulation of contract. But exceptional cases of relativity regulation of contract virtually improvement of the fundamental principals of the traditional Contracts Law, but not a replacement of the relativity regulation of contract, and each play its indispensable role. But our nation's regulations to exceptional cases plays extra emphasis on specific relatively exceptional system, lack of systematic, complete regulations, diffraction development is hard. To this, this thesis begins with the practical development of relativity regulation of contract and its exceptions, by using contrast analysis to analyze and discuss some focused issues in theory of law, and proposes a few personal opinions and proposals. But due to my limited knowledge, some of the views may be not correct, but I believe that academe can only develop through hundreds schools of thoughts contend. Centered on the previous issues, this thesis is divided into 4 parts.In Part-1, two mayor genealogies of laws and the confirmation of our nation to the relativity principal of contract were discoursed. This thesis starts with basic concepts and the study of positive law in each country, and gives a theoretical analysis and deep illustration to the relativity of contract in a value judge mode. And through listing the positive law of two mayor genealogies of laws, that relativity regulation of contract were universally accepted by each nation and the representation of our nation Contracts Law to relativity regulation of contract were illustrated. This chapter is divided into three sections, in the first section; the confirmation of Continental Legal System to relativity of debt principal was discoursed. And it makes it clear that relativity of debt theory in Roman law is the root of contract relativity. At the same time, the relativity of debt theory established by Roman law greatly influenced modern continental legal system. But with the development of trade, under the prerequisite that relativity regulation of contract was rigidly obeyed, exceptional cases were accepted by Roman law. In the second section, the confirmation of Anglo-American law system to relativity regulation of contract was discoursed, and the confirmation of relativity regulation of contract in English law was discoursed in the manner of cases. At the same time, relativity regulation of contract was insistently used in English law. In the third section, relativity regulation of contract and Contracts Law of our nation are discoursed. The legal system of our nation is an inheritance relativity of debt theory of continental law. The development of relativity regulation of contract and contract legislation of our nation is interconnected. And relativity regulation of contract is rigidly insisted. But with the development of our country, exceptional cases of relativity regulation of contract are gradually accepted by our nation.In Part-2, major contents are discoursed. This part is divided into three sections. In this part, that the detailed contents of relativity regulation of contract are made up of relativity of contract body, relativity of contract contents, relativity of contract responsibility are made clear. But relativity of contract body refers to that contract relation can only happen among specific bodies, and only the concerned party of the contract can issue requests to the other party or initiate proceedings basing on the contract. Relativity of contract content refers to that except that there are other rules in law or contract, only the concerned party of the contract enjoys the rights prescribed in the contract and undertakes the responsibilities prescribed by the contract. Any other people except for the concerned parties of the contract can not advocate the rights in the contract, and do not undertake the responsibilities prescribed on the contract. The relativity of the contract responsibilities refers to that the responsibility of violation of an agreement only happens among concerned parties of the contract, that is the specific parties, but other people unconcerned with the contract do not have to undertake responsibility of violation of the agreement, and the concerned party of the contract do not under take responsibility of violation of an agreement. This part discourses the application of the contents of relativity regulation of contract in judge practice by specific case analysis.In Part-3, exceptional cases of relativity regulation of contract are discoursed. This part is divided into two sections. In the first section, the confirmation of standard of exceptional cases, that is so long as validity of contract in concerned about the third party, it is the exceptional cases of relativity regulation of contract. In the second section, the evolution process from relativity regulation of contract to exceptional cases, and to find theoretical basis of exceptional cases of relativity regulation of contract from authoritative doctrines. And further discourse the definition of exceptional cases of relativity regulation of contract and analyze specific law system. And that law system contained in exceptional cases protection of obligation right, obligation right to real right, assignment and assignment of debt, contract for the third party's right, contract protecting the third party, inviolability of obligation.In Part-4, the major contents is the discourse of justice suggestion on the completion of relativity regulation of contract of our nation. This part is divided into two sections; the first section is mainly a discourse of the completion of legislation importance of our nation. And further make it clear that relativity regulation of contract is the fundamental system of Contracts Law. And its role is unshakable. The neglecting on relativity regulation of contract can bring serious under desirable effects, such as the prevalence of regional protectionism. But, with the development of economy, the emergence of exceptional cases makes relativity regulation of contract complete, and the emergence of exceptional cases has its practical importance, for example, to satisfy the needs of the society, to improve the efficiency of justice and judgment and so on. But the adoption of exceptional cases must have legal express provision. The second section, the main content is a discourse of suggestions about the completion of relativity regulation of contract of our nation. In this section, through an analysis of the current situation of contract for the third party's benefit, prescribed by current law of our nation, to point out that law of our nation is lack of specific and complete standard to contract for the third party's benefit, and table targeted proposal to relative issues, for example, to set complete contract for the third party's benefit, and legal norm should prescribe contract for the third party's benefit by chapter and section, to bestow the third party the direct claim. In the end of this thesis the subjectivity role of relativity of contract is reemphasized, at the same time, an affirmation of the necessary being of various exceptional systems was discoursed by using balance law principal.