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On Revocable Contract System

Posted on:2011-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:T R LiFull Text:PDF
GTID:2166360305450250Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
This paper may concern the revocable contracts as the research object, based on the value basis of the system design, using the methods of historical jurisprudence, comparative jurisprudence and case analysis to search after a more reasonable revocable contract system.The first section is a summary of the revocable contracts. After proposing the problem and introducing an overview of the concept of the revocable contracts and its four characteristics, the paper focuses on the value basis of the system. After the analysis, the value basis is summarized as "the affirmation and limitations of Autonomy Principle", "to encourage and promote market transactions", "to balance and reconcile right of autonomy and transaction security ".The second part of the article may introduce the history of the revocable contracts. This section of its history is divided into four parts:the period before reform and opening up, the period of coexisting of three major contract laws, the period of civil rules, the period of coexisting of civil rules and contract law.The third part of the article is about the categories of the revocable contract. According to the statutory classification, the four parts will be analyzed seperately.Section four contains thoughts on the legal consequences of revoked contracts. The author focuses on the competing of different validities of contract, including the competing of the revocable contract and the invalid contract, the competing of the revocable contract and the unconfirmed contract.
Keywords/Search Tags:revocable contract, fraud, duress, obvious unfairness, significant misunderstanding
PDF Full Text Request
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