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A Study On The Right Of Termination Without Any Reason In Travel Contract

Posted on:2011-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:T LiFull Text:PDF
GTID:2166360305481434Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
China is a big country of tourism consumption,but there is no special legislation for travel contract at present, and the handling of tourism disputes also not uniform in practice of law. To build a scientific and rational legal system of travel contract is the basic guarantee to improve the quality of tourism services, the right of termination without any reason (hereafter referred to as"the Right") in travel contract is an important component of it, but it is not recognized in our judicial practice. This article Through the research on the basic theory of the right, and made reference to the mature legislative experience on the right in travel contract in the major countries and regions in civil law system, as well as international conventions, combining our judicatory practice, the article makes some suggestions on legislative proposals of the right in travel contract in our country.In addition to introduction and conclusion, this article consists of four parts:The introduction poses the object and purpose of this research; introduce the significance of the study, and the main method used for the studies in this article.Part one discusses the basic theory of the Right. The author mainly explores the basic issues, expounds the concept and legal features of the Right, points out the Right has the nature of the right of formation, essentially, the exercise of the Right has the features involving breach of contract, however, there are two points difference between breach of contract. Then I try to study the legal principle basis and economic basis for the existence of the Right, and to analyze all types of rights of termination without any reason in Contract law, to compare the particularity of them.Part two studies the Right in travel contract of Comparative Law,through the research on the provisions of the Right in travel contract in the major countries and regions in civil law system like Germany, Japan and Taiwan, as well as relevant international conventions, explain its purpose and significance of the legislation in detail, to analyze their respective advantages and disadvantages, and to provide reference for the Right in our travel contract.Part three discusses the legitimacy of the Right in travel contract. The article illustrates that it is not recognized in our judicial practice by practical cases exactly, then analyses the purpose, nature, characteristics and form of payment of the travel contract, considers that travel contract has its particularly, draws the conclusion that has legitimacy to stipulate the Right in travel contract.The fourth part discusses the legislative design about the Right in travel contract in our country. The author states the views and reasons of constructing the concrete system about the Right in travel contract, considers that the following aspects of the Right in travel contract should be to perfect:1.although the Right is lawful, it can be restrained and abandoned through consultation by the parties expressly or impliedly in advance, and on condition that the parties have agreed to abandon the Right, it can be determined by referee organs if it has to exercise the Right in special circumstances; 2.the law must define the exercise duration of the Right, the author consider that tourists can exercise the Right before the end of the travel;3. tourists can exercise the Right in a express or implied manner, but it can not be qualified or conditional time period; 4.to exercise the Right have no retrospective effect; 5.either study of the legislative pattern or the logical relationship, the nature of the damages resulting from the exercise of the Right is the consequences of it, rather than the elements, and discuss the scope of the damages should be to fulfill the interests of the contract, and relevant factors to determine the scope of compensation for damages should be taking into account, try hard to provide direction for our future legislative design of travel contract.The conclusion is a brief summary of the study.
Keywords/Search Tags:travel contract, right of termination without any reason, tourists, legislative building, compensation for damage
PDF Full Text Request
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