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More Systems On The Incident

Posted on:2007-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:J H LaiFull Text:PDF
GTID:2206360185983061Subject:Law
Abstract/Summary:PDF Full Text Request
This article altogether divides into five parts.In the first part the article mainly uses compare and analytical method in studying the rebus sic stantibus, firstly it mainly introduces the doctrine in the main land legal system countries especially in our country, then in the English America legal system countries, finally it analyses the difference between them.In the second part the article mainly introduces how should understand the rebus sic sicutibus, it focuses on the constitution of the rebus sic stantibus. It mainly including the condition of applying, the scope of applying and the procedure of applying.In the third part the article mainly introduces the potency of the rebus sic sicutibus.In the forth part the article mainly introduces the difference between the rebus sic sicutibus and other relevant legal concepts .To study it correctly, we distinguish it from force majeure, commercial risks and exception clause.In the last part the article discusses and analyses the debate on the doctrine in the course of drafting counseling The Contract Law of the People's Republic of China. Finally the article states strongly the necessity of establish the rebus sic stantibus in the Contracting Law in our country.
Keywords/Search Tags:The rebus sic stantibus, Legislative comparison, Applicable condition, Applicable effect, Legislative suggestion
PDF Full Text Request
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