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The Applicable Law Of Nameless Contract

Posted on:2011-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:J L DuanFull Text:PDF
GTID:2166360305491619Subject:Law
Abstract/Summary:PDF Full Text Request
This paper will explain the basic theory of nameless contracts and how to apply the law. The significance of study in the level of legal theory is to fully embody the meaning autonomous principle of civil law. In accordance with the principles, the parties can decide the content of contract according to their own free will, and create rights and obligations of the contract by themselves. In other words, the parties have the right to establish freely the legal relationship between them beyond the fixed mode provided by law. It is a full expression of autonomy, and its legitimacy should be recognized by law. Therefore, it absolutely reflects that the law has respect and protection to the meaning autonomous principle of contract through the study of nameless contract in the level of law principle. In the level of actuality, the legislator is impossible to exhaust all the cases, and a large number of nameless contracts have been creating. Therefore, the research of application of the law of nameless contract is very necessary.The structure of this paper:Introduction, in the form of casesâ… propose vividly the problem of the applicable law of nameless contract. The first part outlines the basic theory of nameless contract. The second part is about the applicable law principle of nameless contract, the classification of the nameless contract and the applicable law. This part is the core part of the full text, and focuses on the issue of the applicable law of nameless contract. The third part explains the standards and rules of interpretation of nameless contract. Concluding section give a brief conclusion. Described by this paper, we will be more profound understanding of the problem of the applicable law of nameless contract.
Keywords/Search Tags:nameless contract, the applicable law, analogy explanation
PDF Full Text Request
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