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Approval Of The Entry Into Force Of The Contract

Posted on:2015-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:H Z LinFull Text:PDF
Abstract/Summary:PDF Full Text Request
Contracts which are subject to approval are important issues of contract law,not onlyjust because they are typical of the public law intervention, but also because the diversityof validity form and complexity of liability state. Especially after the Interpretation TheSupreme People’s Court of Certain Issues concerning The Application of The ContractLaw of The People’s Republic of China(Part one)(hereinafter referred to as the "ContractLaw to explain (a)") issued,theorists debate entered into the white-hot stage, appeareddiverse perspectives. At the legislative,issued explanation also concerned this question。But none of them clearly explained, they are contrary to the traditional they orthemselves。So the anxious state of practice has not improved, the more advanced theory isstill needed. This article is based on the useful previously discussed, in order to be able tofind a reasonable path to solve this problem.This paper has four parts. The first chapter revolves around behavior and theeffectiveness of the contract, trying to analyze the nature of the approval, comparison itwith neighboring systems and analysis of it nature of private law; Second part is discussabout the diverse perspectives of the contract without approval. Through discussion theauthor want to prove that the contract without the approval is also belong to valid contractscope; Third part is on the premise that contract without the approval belongs to validscope. Then further analysis the rights, obligations and responsibilities issues of contractwithout approval, pointing out that the possibility of perform contract is already exist.Through analysis the contradiction of different theory to prove the reasonable of thetheory of responsibility for breach of contract; Part IV is a summary of the first three parts.
Keywords/Search Tags:Contracts which are subject to approval, Undecided validity contract, Administrativeexamination and approval, Validation of contract, Contract efficacy-liability
PDF Full Text Request
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