Fact Contract Theory Study

If you want to practice factual contract theory, whether in the legal reserve enough, in its at the same time positioning itself, value, the function and the system design exist on the difficulties and challenges, needs to be clear and integration. The facts behind the legal is embodied contract will and interests of social organizations, the protection of social organizations will mean said its transformed into in essence sense is consistent. In fact when the parties of the contract of inner meaning instead of ignoring is mean pus, this paper summarized into three elements shall be recognized for factual contract, including optimum lattice subject, the content and the facts process; And in social groups by mean form on three elements mean, behavior that says said mean. Meaning and effect The scope for factual contract should be included three categories based on community relations, and based on the fact that social welfare obligations that in fact contract process and technology progress bringing new phenomenon of the facts of the contract. In this social reality under considerations factual contract theory and the traditional contract are complementary the opposite and several years ago as the current contract theory, this new theory is a new imagine to reasonable explanation. Finally, the article through the fact the new development of the contract theory of Suggestions and importance of Chinese contract law, the new draft, modify the development of Chinese contract absorbing experience should be closely China's national conditions cannot blindly following developed countries contract system shall pay more attention to the trend of legal transplant aboriginality and prospective, avoid to make legal system and have negative effects of soil disaffected; The contract theory so as to find out the facts practical legislative model, to ensure the good order of the market economy, and promote economic and social development.