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Travel Contract, Breach Of Contract Research

Posted on:2009-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y HuangFull Text:PDF
GTID:2206360248952293Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With China' s accession to WTO, the development of China' s tourism industry has become more rapid, but legal relationship of tourism, particularly tourism contract research, has been a domestic law research field is weak areas, tourism contract as a tourist activities in the most the basic form of contract, needs a lot of enrichment-related legislation.The author using legal theory as a guide, draw comparison to the relevant legislation, in conjunction with her own work practice experience, with travel contract breach responsibility main line, from the definition of the concept of tourism contract start with the main focus on tourism contract; breach of responsibility and the scope of damage Identification; tourism commitment and liability relief models and explore related systems constructed in areas such as the analysis and study, and has raised its awareness and the viability of the proposed scheme.Innovation is the author of this paper for the tourism contract default attribution analysis of the principles of perspective: from tourism to determine the classification of the contract attribution principles. I believe that the contract price of travel packages should apply the principle of strict liability, and travel agent contract shall apply the principle of the responsibility fault. Does the responsibility for the security flaws exist independently, the author also put forward her understanding: a security flaw in the system of responsibility for non-compliance with the principles of attribution of responsibility for the principle of gradual convergence of attribution, such security flaws with the system of responsibility for the responsibility of forming a default the coexistence of the two sets of norms, the application of emerging Imputation overlapping chaos. Therefore I believe that the security flaw in the system does not have an independent responsibility to the significance, and should be the responsibility to establish a unified system of default, breach of duty attributable to the integration adjustment.Finally, in the mode of relief Legal Regulation idea of the author means put three proposals: enhancing tourism contract rights awareness contractual gradually standardized, establishing famous tourist contract system. Tourism and the establishment of a better quality of service and quality of service monitoring system in a manner to the exploration and research.
Keywords/Search Tags:tourism contract, violation responsibility, compensation for damage, relief mode
PDF Full Text Request
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