Typological Research On The Service Contract

With the purpose of exploring a reasonable legislative pattern establishing the service contract system, this thesis attempts to carry out a macroscopic and holistic research on the service contract, using the method of typological analysis. This thesis can be divided into three parts:preface, main body and conclusion.In preface, it is intended to elaborate that conducting a comprehensive research on the service contract is the urgent demand because of the further development of civil and commercial practice. The main body consists of five chapters, which are overview of the typological service contract, legislative patterns and doctrines of the service contract in Germany and Japan, general rules of recapitulative contract of the service contract system, features of basic types of the service contract system and the distinction among basic types, considerations on legislation of the service contract. The first chapter discusses the typological definition and characteristics of the service contract, and demonstrates the significance of studying the service contract in a typological way from a macroscopic and holistic perspective for establishing the service contract system and application of law. This chapter reorganizes the theory evolution and current legislation situation about the service contract of our country. In second chapter, the legislative patterns and progress of doctrine on the service contract in Germany and Japan are investigated, so as to clarify what can be available in the two counties'legislation and typological research on the service contract, and then offer a proposal that divides the typological system of the service contract into three levels:"recapitulative contract", "basic type", "specific type". In third chapter, according to the common features of the basic type and specific type of the service contract system, the juristic basis, the main case of law application and the necessity of extracting general rules of the relevant subordinated obligations, compulsory contracting system, the measurement criteria for service flaws and the right of termination without any reason are discussed in the sense of the "recapitulative contract". Considering the role of the pillars of the basic type in the service contract system, and taking consideration of contentious and difficult issues of determining the nature and type of specific service contract in theory and practice, the fourth chapter focuses on features of basic types and difference among them. The fifth chapter probes into the advantages and disadvantages of main legislative patterns of the service contract, and the subordinate type of the service contract. In this chapter, referring to the relevant regulations of current law, the provisions about the general rules of recapitulative contract of the service contract system are designed. The conclusion gives a summary of the whole thesis, and puts forward definitely that conducting the academic research on the service contract is the top priority for civil and commercial law studies.