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Trust Interests. Civil Contract Protection System

Posted on:2008-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z W FengFull Text:PDF
GTID:2206360215984755Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The theory on the protection of the reliance interest has been studied for many years and has born plentiful and substantial results. Compared with other countries'theories of the reliance interest, the theory has not been deeply studied in China. With the development of the theory of the contract and the demand of the theory of the bona fide doctrine, the theory on the protection of the reliance interest has already played a very important role in the aspect of the protecting the interest of the of the contract. This research mainly utilizes such means as historical analysis, comparative analysis and value analysis etc. Started with the origin and development of the protection of the reliance interest, infiltrated the good faith in transaction, trades security and justice into the theory on the protection of the reliance interest, analysised the importance on the process of achieving the contract. And made a perfect design of the theory on the protection of the reliance interest in china.The scheme of the discussion is divided into four chapters as follows:In chapter one , the text mainly make a research on the theory of the protection of the reliance interest and the relevant definition in the contract.In chapter two, the text is to make a study in the history and the development of the theory on the protection of the reliance interest, and points out the major two legal systems'connection and difference. And emphasizes the dissertation on the L.L.Fuller and Yeli's study on the protection of the reliance interest, including the application, components of damage recovery, the scope and methods of recovery.In chapter three, the text deals with the basic theory of contractual reliance interest protection, which concerns three aspects: the first aspect discusses the legal theory of reliance interest protection on the basis of comparative analysis. the second aspect think that the system on the protection of the reliance interest's basis is established on the bona fide doctrine and the doctrine of the justice, and make a dissertation on the necessarily to protect the reliance interest.In chapter four, the text concerns the regulations and perfection of reliance interest protection of Chinese legal system. Analysises and points out the fault of reliance interest protection of Chinese legal system. Finally raises some suggestions on reliance interest protection from the legislation to the judicial practice, and supplies some more intensive regulation in order to improve legislative technique and value the function of cases.
Keywords/Search Tags:Reliance interest, Promissory Estoppl, Culpa in Contrahendo, Bona fide doctrine, Justice
PDF Full Text Request
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