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Legal Contract Lifting Conditions Specification Study

Posted on:2007-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y C DongFull Text:PDF
GTID:2206360182491354Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The inspiration of this essay originates from the author's thinking over the reformof regulatory method on the legal rescission terms in the German Law of Obligation.The structure of legal rescission enactment and the disposal of specific issuesrepresented in the new German Law of Obligation, the United Nations Convention onContracts for the International Sale of Goods (1980), and the Principles of InternationalCommercial Contracts (1994) are significant to the consummation of the system of legalrescission of contract. Pursuant to this purpose, the essay is to conduct a panoramageneralization of the connotation of the new trend in the regulatory method on the legalrescission terms, and a jurisprudential exploration of its validity, and further more probethe efficient measures of improvement and amelioration after profound contemplationand analysis of the regulatory method on the legal rescission terms of contract.The essay is divided into three parts for further analysis: preface, text andconclusion.The preface focuses on the background and significance of the essay, mainlyincluding the summarization to the research status quo of the regulatory method on thelegal rescission terms of contract, the method implemented in the composition, thecreative ideas represented in the essay and the design of the essay structure. This partaims to precondition the research of the regulatory method on the legal rescission termsof contract specified in this essay.The text consists of four chapters.Chapter one, the summarization to the regulatory method on the legal rescissionterms of contract.This section provides a brief summarization to the issues of legal rescission ofcontract, rescission terms and regulatory method, thus serves as prerequisites to thestreamlining of the regulatory method on the legal rescission terms of contract indifferent countries.Chapter two, the comparative analysis and research of the regulatory method on thelegal rescission terms of contract.This section aims to streamline and dissect the evolvement of the regulatorymethod system on the legal rescission terms of contract in laws among differentcountries and in concerned international conventions. Henceforth, the essay summarize,analyze and compare the regulatory method on the legal rescission terms of contract inlaws among different countries in order to unfold the critical issues concerning thereform of the regulatory method on the legal rescission terms of contract. Based on thecomparative analysis and research of the regulatory method on the legal rescission termsof contract among different countries and in concerned international conventions in theprevious chapter, the author commits himself on the macroscopical review of thedeveloping trend of the regulatory method on the legal rescission terms of contract andthe analysis to the advantages of the new regulatory method on the legal rescissionterms of contract by taking the reform of the regulatory method on the legal rescissionterms of contract in the reform of German Law of Obligation.Chapter three, the validity of the reform of the regulatory method on the legalrescission terms of contract.Built upon the underpinnings of summarization to the developing trend of theregulatory method on the legal rescission terms of contract in the previous chapter, thissection probes the validity of the reform of the regulatory method on the legal rescissionterms of contract from the perspectives of the essence of obligation and the valuefunction of the legal rescission system. This section also analyzes the inherent functionof the specific issues in the reform of the regulatory method on the legal rescissionterms of contract, such as the types of perform barriers and the culpability etc.Chapter four, defect and perfection of legal rescission terms of contract in China'scurrent lawwith reference to the previous analysis and research and the evolving trend of theregulatory method on the legal rescission terms of contract, this section summarizes,analyzes and retrospect the regulatory method on the legal rescission terms of contractin China's current law, pointing out the legislative issues concerning the regulatorymethod on the legal rescission terms of contract in China's current law and proposingavailable means for perfection.Finally, the conclusion serves as a summarization to the main ideas of the essay.
Keywords/Search Tags:legal rescission terms, the regulatory method, types of perform barriers, the culpability
PDF Full Text Request
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