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Forced Contracting Legal System

Posted on:2007-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z X ChenFull Text:PDF
GTID:2206360185960225Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development of social economy conditions from the beginning of the 20th century, a series of hypotheses such as abstract equality of human beings, completely free market (the basis of classic contract theories whose core was contract freedom) have been proved to be completely deviating from the reality, which caused a series of unjust social phenomena. Hence it's necessary to make amendment to the classic contract theories such as placing certain restrictions on contracting freedom. Imperative contracting is one of the methods to restrict contracting freedom. It plays a indispensable role in protecting interests of inferior communities, realizing injustice of contracting and safeguarding interests of country and society. However, the imperative contracting hasn't called much attention in our country's legislative circle. This article intends to study on it and has raised its own opinions on improving the country's imperative contracting system.The creation and development of the compulsory contractual legal system connect closely with the correction of the theory of contractual freedom. With the society's development, the absolute freedom of contract will divide the society into two parties which is not good in the social harmonious development and the benefits of the whole. So, it is kind of necessary measure to restrict the contractual freedom and make the strong party not to reject the offer's claim without reasonable excuse.The compulsory contracting legal system is an important character of the contractual law in new era. But because the research of compulsory contract is just at the beginning, the preparation shortage of the theory studies cause the lawmaking level imperfect, then it can't solve every kind of dispute within actuality. The guiding ideology of the article is Marxism dialectical materialism, historical materialism and political economy. And this article utilize some methods, such as comparative analysis, historical...
Keywords/Search Tags:The doctrine of freedom of contract, The compulsory contracting, Legal duty, Legislative suggestion
PDF Full Text Request
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