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To Discuss The Post-contract Responsibilities

Posted on:2012-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:X Y GaoFull Text:PDF
GTID:2216330338950399Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Increasing economic prosperity in the market today, with the acceleration of the circulation of commodities, commodity circulation are also increasing in scope and scale, the corresponding social life increasingly complex nature of the performance of the contract is clear that the expansion of the scope of duties and responsibilities of. As we all know the contract is dynamic, it has a scratch, and then from there to the emergence and development of free, eliminate process. This process can be divided into stages of the contract parties, the contract performance period and the entry into force of the stage performance of the contract. The concept of modern contract law, the contractual relationship after the performance to the contracting phase of the expansion phase and to the interests of safeguarding the integrity of the contract and the expansion of transaction security protection. After the stage performance of the contract, the obligations of the parties called upon contractual obligations or contract obligations. Breach of contractual obligations after the contract after the election of liability (contract liability). Strengthen the contractual obligations of the post, after the contractual obligations for the improvement, the responsibility system, is of great significance, but contract law does not clearly defined after the contractual obligations.Goal of this research aims to study the post-contractual obligations, the formation system of the "obligation of a liability" legal framework, then build a complete contract "obligations of responsibility" system so that our contract law to eliminate "soft terms" phenomenon, the real to achieve the obligation and responsibility, there is relief. General provisions in the contract a clear responsibility in the way of sub-contract law and other rules used in combination transaction after a specific contractual obligations and post-contractual liability, contract law so that a more comprehensive and positive social development needs to adapt to better balance and harmony legitimate rights and interests between the parties to maintain honesty and credit system of the "imperial" authority, so that the contract utility maximization, and efficiency of transfer of property to promote optimal...
Keywords/Search Tags:Post-contract Obligations, Integrity/Sincerity, Post contract responsibility, compensation for damages
PDF Full Text Request
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