On Compulsory Contracting Obligations

In civil law countries, most of the basic principles of civil law are derived from Roman law, and the contract either.According to the Roman law, the contract means "legally recognized debt agreement".Throughout the contract system, freedom of contract is the core spirit.However, since the mid-19 th century, the free economic system has flourished..So the centralized capital and the mass production of goods have given a major shot on the traditional principle of freedom of contract, which is also called " the death of the contract " by American scholars.But now the core issue of law of contract is not the freedom of contract, but the justice of contract. Freedom of contract does not mean freedom without restriction.If we pursue formal of freedom of contract unilaterally, it will harm the interests of vulnerable groups, and it also goes against the spirit of the contract of justice.With the rapid development of modern society, the traditional contract theory is not able to promote the social and economic development, but has become an obstacle.So under the freedom of contract system, how to achieve justice and to promote the rapid development of society and economy has become the mission of modern law.The compulsory contracting obligation are generated by modern law’s attempt to safeguard the justice of contract. And its main purpose is to protect the interests of vulnerable groups and to prevent the interests from being damaged by people in the dominant position. The compulsory contracting obligation, as a supplementary contract freedom, plays an important role in promoting the economic development and social stability.This paper is divided into five chapter altogether :The first chapter is the research on the basic problems about the compulsory contracting obligation. It analyzes the generation and development of the compulsory contracting and scholar’s different views on the compulsory contracting obligation connotation. Thus it obtains the meaning and characteristics of compulsory contracting obligation.The second chapter focuses on the theoretical basis for the compulsory contracting obligation.It is divided into two aspects, the objective requirement of state intervention in the economy and the justice of contract ‘s correction on the freedom of contract’s principle. And from the two aspects, this part researches the theoretical basis of the compulsory contracting obligation.The third chapter focuses on the types and their application of compulsory contractingobligation.This part mainly introduces the main types of compulsory contracting obligation and its application in judicial practice.And it also analyses the reasoning by analogy of the compulsory contract obligation and its important meaning to make up for the shortage of the compulsory contracting obligation.The fourth chapter focuses on the civil liability of violating compulsory contracting obligation.It analyses the civil liability of violating compulsory contracting obligation from three aspects: its nature, form, and scope.The fifth chapter focuses on the current legislation on compulsory contracting obligation and its improvement.This part is mainly starting with four aspect:the application,scope of the compulsory contracting obligation,the promised time of the obligor and violation of legal liability of the compulsory contracting obligation,research the current legislation on compulsory contracting obligation and its improvement.