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On The Legal Form Of The Contract

Posted on:2007-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:Q LvFull Text:PDF
GTID:2206360182490174Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Statutory contract form is the carrier of consensus of the two parties in thecontract. The purpose of this article is to discuss some question in statutory contractform, emphasizing in historical development, scope, principle, function and validityparts, as to make a further and comprehensive understanding about the statutorycontract form system.This article has five main parts:Chapter one: historical development of statutory contract form. In this chapter,the author makes respective reviews over historical development of statutory contractforms in continental law system and common law system. Generally speaking, thedevelopment of statutory contract form passes a process of transferring from strictformalism to the liberalism of statutory contract form and then the renaissance ofstatutory contract form.Chapter two: definition of statutory contract form and specific forms. Therequirement of contract form is different from one country to another, which meansevery country has its own definition and interpretation over statutory contract form.After making an analysis about the reason of this difference, the author makes specificanalysis about oral contract form, written contract form and notarization contract form,which are common forms in our country currently.Chapter three: principal of statutory contract form. This chapter aims atstudying the principles and exception of contract forms through which the author canfind out some presumption in value consideration aspect about why laws shallregulate statutory contract forms. Liberalism of statutory contract form as a principleshows the due respect to human, it also reveals the requirement of the requirement ofeconomic efficiency however, out of consideration of security and stability oftransaction, contract forms shall be aptly constrained.Chapter four: regulation function of statutory contract form and effect ofdefiance of contract form. In this chapter, the author starts from regulation function ofcontract forms analyzes the reason of the existence of statutory contract forms. Andthen according to the understanding of this regulation function the author studies theeffect of defiance of such contract forms. At last, the author makes a specialdissertation about the relationship between contract form and contract validity.Chapter five: analysis and review of the statutory contract form in the contractlaw of china. According to the analysis of previous chapters, the author makes a fullanalysis and review over our current statutory contract form requirement form theaspects of definition of statutory contract form, principle of statutory contract formand statutory contract form and contract validity. First of all, he author thinks that theapproval contract form and registration contract form needs further consideration.Secondly, the author thinks that the extent of establishment of principle of liberalismof statutory contract form needs further discussion. Thirdly, since our contract law hasno provision about the effect of the defiance of statutory contract form, which givesbirth to the perplexity of our practice of contract law. So the author suggests that,during the application of contract law, an understanding connected with the functionof statutory contract form is needed to analyze validity of specific contract forms.
Keywords/Search Tags:scope of statutory contract form, principle of contract, form regulation function, contract validity
PDF Full Text Request
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