| Nowadays the tourism develops fast,and the travel contract as a anonymous contract are becomming useless at the aspects such as protecting the travellers,adjusting the rights and obligations.For the reasons above,we should make the travel contract to be a classified contract when we revise our contract law.In this article,I discuss the problems such as the concept of the travel contract,the character,the nature and the mental compensation.Then,at the side of the travellers,I give my suggestions for the construction of the travel contract.There are five aspect,the first part,the summary of the travel contract. I discuss the problems such as the concept of the travel contract,the character and I think the conception is the travel agency gives the service such as making plan,offering transportion and accommodation,at the same time,the travellers give the fee to the agency.At the second part,the legislation of some countries,I use the compared method to introduce the legislation of some countries and to prove the rightness of the classified contract.The contract law are becomming useless to deal with the travel dispute. For the reasons above,we should make the travel contract to be a classified contract when we revise our contract law.The third part,the rights and the obligations.I use cases to discuss rights and the obligations and the right for time waste.I think we should use the theory of Germany,to make the time waste as property damages.The fourth part,the mental compensation in travel contract.In the future we will set up mental compensation in the travel contract,but now,we shouldn't establish mental compensation in law directly.The fifth part,the construction of travel contract.I discuss the punitive damages with great emphasis.I think that we should consider this institution at three aspects:The first,the travel agency infringe the personal right of the people.The second,the agency cheats the people.The third,the agency break a contract to make the goal not come true.
|
PDF Full Text Request