Research On The Real Contract

Real contract is a concept of Roman Law and it can be regarded as a phase transition into a contractus consensu. In Roman times, under the influence of formalism and then through the medieval theology of law and influenced by classical natural law, Real contract shows promise as contract changes to the situation. Historically, the real contract which playing a significant role for some time is a major form of contract. The basis of Real contract in ancient society included the ancient nobility in honor of concepts, materials as part of the human spirit there is this idea of God said. The institutional foundation of its existence of free was a fear of religious expression, and the institutional basis of their convenience is also reflected in the security context:people tend to deal with the property holders which is free from the excessive pursuit of the the owner. In the process of change, the delivery from the ancient promise to God in the form of a kind of value to the establishment of contemporary evidence to prove the value of the contract change. This also marked the elimination of faith in God said, strict formalism in the form of contract changes and the decline of the type of force doctrine. In the course of the development, the Real contract put the ethical factors into account for the first time and also with the development the gradual withdrawal of its free. The convenience of the Real contract has gradually freed itself from the shackles of formalism.Modern Real contract were highly acceptable by its characteristics to guarantee their security of transactions and in order to determine the value of contracting, however, the implementation of the administration of justice as there is hardly realistic basis. In the modern sense, the contract have changed the original meaning. It has the same meaning as one of the elements that set up the contract. Its generally believed that the use of modern civil law lending, consumer lending and sustenance of three contracts to the provisions of properties are derived from Roman law, so it let the "material delivery" as set elements particularly. Modern trends of consensing often act as the giving the right to revoke, appointments and so on. For the lowing degree of commecial market, real contract is used highly in orgnizing the transition beween friends,and the highly focusing on the social effects of the chinese judicial policy also offers the forcing instition for the real contract to be living in our country. In addition, underdeveloped market economies are also accompanied by underdevelopment of the faith, which is the reality of the real contract.The coexistence of real contract and consensual contract in China is a reflection of legal realisem and also a result of the performance of Marxist Philosophy in China.