Study Of Relational Contract Theory

Relation-Contract Theory is a kind of theory which explains contracts on legal social science and was put forward by an American contemporary contract law expert named Macneil for the first time, in order to overcome isolation and actualization problem of traditional contract theory and push social relations behind contracts to the front. Relation-Contract theory of Macneil didn't only admit the power the parties carrying on contracts but also knew and solved legal contracts problems from social science direction.The main idea of this essay is to demonstrate theory foundation for constraining power of contracts endued with Relation-Contract Theory. This essay hackles and evaluates different traditional contracts theory on justice explaining for constraining power of contracts, based on introducing basic content of Relation-Contract Theory and relation contracts phenomenon, then demonstrates how to explain justice of Relation-Contract Theory with Intercourse Behavior Theory of Habermas. Intercourse Behavior Theory is a kind of theory which cures modernization symptom that aroused by development of instrument logos, namely legitimation crisis. It provides not only justice explaining for law criterion and social criterion to constrain the parties meaning that Relation-Contract Theory seeks hard, but also intercourse logo which Intercourse Behavior Theory based on provides explaining for looking contracts as a course.