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Tourism Form Of Contract Terms Regulation Research

Posted on:2008-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y J WangFull Text:PDF
GTID:2206360272983780Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The research on the traveling contract form provision standardization is relatively weak in the present domestic legal research area.This is not extremely symmetric with the needed healthy development of China's tourism market and with the international legal system environment.This paper makes every effort to inquire into the main problems of the traveling contract form provision and its the substantive contents relating the traveling contract legislation,the judicial practice as well as the correlation international joint pledge in the mainland legal system and the English-American legal system which are of representative,according to the basic principle and theory of the contract law,and from the nature of the traveling contract form provision.And it proposes the positive suggestions on how to construct the correlation system of our country and expects to provide the support in the theory and practice of establishing the traveling contract form provision system with the Chinese characteristics.The paper is composed of the three parts such as the introduction,the main text and the conclusion.The introduction briefly introduces the writing background and the motive,as the foundation for the main text elaboration.The main text is divided into four partsThe first part is about the rationale of the traveling contract form provision,It fixes the definition of the traveling contract form provision on the basis of analyzing the formatted contract definition in the domestic and foreign legislations and the scientific theory or principle and compiling the system information and the characteristics from various countries' or districts' laws relating the form provision.And it searches the value function of the traveling contract form provision and the system prevalent abuse,which serve as the research foundation of the traveling contract form provision standardization.The second part is about the basis of legal principle of the traveling contract form provision standardization.This part researches the legal transformation from pursuing the form to the substantive protection and enumerates the traveling contract form provision system prevalent abuses, from the law philosophy thought change.From this it may draw the conclusion:The contract justice limits the contract freedom,which is the basic reason to standardize the traveling contract form provision.The third part analyzes the experiences of the traveling contract form provision standardization in the international main countries and the areas. Through the comparison and the analysis on the international people trading statute book,the people trading special law,traveling special law and the international joint pledge,it discusses the legislation background, content and mutual influence of various countries and their rationality, which can be borrowed and adopted. The fourth part is about the suggestion on the traveling contract form provision standardization of our country.This part is the paper key point.It proposes the suggestion to construct the traveling contract form provision pattern,elaborates the related legal principle theory of law basis,seeks the theory support for the provision standardization,and it reveals the practical significance of researching the issue.The author draws the conclusion as the following:we should standardize the traveling contract form provision and cause it to display the tradition function and show the characteristic of fairness and harmoniousness in the present China which initiatives harmony.
Keywords/Search Tags:traveling contract, standard form contract, standardization
PDF Full Text Request
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