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On The Treaty Reference To The Contract

Posted on:2009-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:P WangFull Text:PDF
GTID:2206360245986228Subject:International law
Abstract/Summary:PDF Full Text Request
The essence similarity between treaty and contract and the order they came into being decide that the treaty's system use contract's system for reference in its future development. After illuminated the significances of comparative law and one part of domestic and international law, firstly, the papers expatiates the concepts and gets the conclusion that the treaty uses the contract for reference subconsciously when defines itself; secondly, this papers dissertates the constitutive elements of contract and treaty in detail, including subject , will expression and jus cogens, and gets much similarity between them ,and this similarity provides the basic theory points for the treaty to use contract for reference; thirdly, this papers deeply dissertates the basic system and basic principle of both, including effectiveness, termination, suspension, interpretation, responsibility of both, and sets forth the feasibility of the treaty's reference of contract both in practice and in theory and illustrates it to prove their history sources; finally, the papers considers that the treaty should adapt its system according to the practical status but not copy the system of contract although it is feasible to use the contract for reference, because the conditions are different between the contract and the treaty , and the international relationship is more complicated than the contract relationship, or the treaty law must hard to walk a tiny step.
Keywords/Search Tags:Contract, treaty, will expression, interpretation of treaty, treaty responsibility, treaty effectiveness
PDF Full Text Request
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