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Pre-contract Obligation Of Offer Invitation

Posted on:2011-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:L LuoFull Text:PDF
GTID:2166360308958429Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the traditional theory ,the pre-contract obiligation is born after the offer becomes valid.When the offer is sended out ,the contracting process begin.Offer invitation is just the preperation for making a contract,so there is no pre-contract obiligation during the offer invitation step.There are different views on the nature of offer invitation:not valid ,some valid ,valid.The author thought usually the offer invitation is not valid,but when it meet some conditions,the offer invitation becomes valid.In the academe,there are many theis about the pre-contract obiligation,but there are few thesis about the pre-contract obiligation of offer invitation,and it's not clear whether there are contracting fault responsibility during the offer invitation step.The new Contract Law established the contracting fault responsibility when violate the pre-contract obiligation.The pre-contract obligation is the result of principle of honesty and credit.Formally ,there are no right and obiligation before contract,but in fact ,there are some right and obiligation between parties before contract.The pre-contract obiligation is on the base of principle of honesty and credit.It's legal obiligation.The contracting parties needn't engage it and they still can't rule out it.But the Contract Law stipulates the compensation limits of contracting fault responsibility ambiguously.Currently,the academe and the judicial pratice get into one view,compensate the reliance interest.Because the audience of offer invitation is not specifical,it's easy to cause biggish influence to our society.So the author thought it's important to stipulate the given of offer invitation.
Keywords/Search Tags:offer invitation, pre-contract obligation, contracting fault responsibility admission rules
PDF Full Text Request
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