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Contract Trust Interests Damages

Posted on:2007-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:X B DuanFull Text:PDF
GTID:2206360185472380Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The damage of contractual reliance interest is one of the legal systems to protect the safety of transactions, which requires the two parties in making a contract to have a obligation, that is good faith, to protect the other's interest. Once the obligation is violated by one party, he should have an obligation to compensate. The system is beneficial to protect the safety of transactions, maintain a market economy order in good faith, therefore the perfection of the legal system is of great importance ,especially when good faith is in lack and fraud phenomenon is popular , such as making fool of the other party willfully, having willful competition in making contract to harm the other party's right and interest at random, rescinding a contract willfully and so forth. As for the topic of the perfection of the damage of contractual reliance interest legal system, this article tries to have an analysis or research from a perspective of comparative law.This paper can be classified into five parts: the first part, that is ,the discussion of the concept of the damage of contractual reliance interest; the second part, the research of the damage of contractual reliance interest from a perspective of comparative law; the third part, the theoritical base and value of the damage of contractual reliance interest; the forth part, the choice and perfection of China's legal system of the damage of contractual reliance interest ;the five part, the conclusion, including some legislative suggestions.The first part is about the discussion of the concept of the damage of contractual reliance interest. The concept of the damage of contractual reliance is controversial, this article regards this as a result of broad application in legal departments and the great difference between the mainland law and English-American law. The scope should be restricted to have a reasonable definition , different from valid forcefully legal systems of contractual reliance interest, such as the...
Keywords/Search Tags:contractual reliance interest, Compensation of damage, fault in negotiating
PDF Full Text Request
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