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Trade Contracts The Right To Revoke Probe

Posted on:2008-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q LiFull Text:PDF
GTID:2206360212987032Subject:International Trade
Abstract/Summary:PDF Full Text Request
In course of business practice, more and more cases of business contract revocations or alterations have come up,due to the unsymmetry of information and the transition of situations.This article is,to a certain extent,practically meaningful with reference to trade practice,in that it ,from the perspective of law and commerce,focuses on the lawful rights and necessary conditions of business contract revocations.And this article defines the rights of contract revocation;compares specifically the requirements of different legal systems,regarding contract revocation in three distinct aspects of fatal misunderstanding,obvious injustice or advantage-taking,fraudery or by forces;differentiates,in a superficial way,the alterations, revocations and nullments of business contract,concerning the preferences of main different legal systems to the three different choices of contracts above mentioned;with a view to international trade and domestic trade,chooses, in a method of typical-case-analysis, the cases related to the differentiated causes for the formation of the rights of business contract revocations;by means of analysis of judicial rulings and arbitrary judgements,deepens the understanding of these rights;strengthens the conceptual recognition of business contract revocation,dipps into the process of business contract revocation;presents several pieces of advices to the merchants who are beginners in trade&commerce;hence draws the conclusion of this article:in business practice,the contracts signed in such situations as follows—fatal understanding,obvious injustice or advantage-taking, fraudery or by forces, are,by necessity,contracts to be revocated. Furthermore, with regards to the different causes for the rights of business contracts revocations,different legal systems are fulfilled with distinct stipulations,therefore,careful differentiations should be made in business practice.As members of business working staff,it's urgent for us to understand the meaning of these rights,to comprehend the necessities of the rights of contract revocations,to research on the distinct regulations concerned in different legal systems,to differentiate the contract alterations, revocations and nullments,andthe relationships in between,to accumulate carefully and protect well the original to&fro materials involved.As for the business contract to be recalled ,the written form of appealation should be submitted the court or arbitrary agencies within the lawful validity duration,and effective legal measurements should be exploited for self-protection,thus,the possible losses can be eliminated to a minimum degree.
Keywords/Search Tags:Trade, Contract, Revocation, Study
PDF Full Text Request
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