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On The Possibility Of The Interpretation Of Article 64 In The Contract Law

Posted on:2012-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:W W LeiFull Text:PDF
GTID:2216330338451468Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As the wording of China's Contract Law Article 64 is simple, since the enactment of the Law, there are some ambiguities in the application and understanding of the provision.Scholars have tried to make the doctrinal interpretation of the provisions, but did not reach consensus, and it is still controversial. More importantly, the existing interpretations of Article 64 confine the scheduled theories and lack for the discussion on the possibility of the provision itself, they are often unconvincing.So this thesis, from the meaning of the provisions of Article 64 itself, combined with the associated structures and the relevant provisions of Contract Law and the related debt law principle, from the perspective of interpretation, tried to sort the possibilities of the key word "third person" and its relationship with the debtor.And then according to the Judgments of the courts, this thesis tries to determine the application of Contract Law Article 64.The purpose of this thesis is not for the third-party beneficiary contract dispute as a positive or negative conclusion, but through this sort is for the purpose of determining the possible space of the explanations, and providing a reference to the next section of the application of Contract Law and judicial interpretations.
Keywords/Search Tags:Contract Law Article 64, interpretation of legal provisions, third-party beneficiary contract, the scope of application
PDF Full Text Request
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