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The Contract Validity System In The International Law

Posted on:2012-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:H L ZhengFull Text:PDF
GTID:2216330338956620Subject:Law
Abstract/Summary:PDF Full Text Request
In the direction of international law, comparative study of the validity of contract has been a blank. By comparing the validity of the contract of Principles of International Commercial Contracts (Principles), the Convention on Contract for the International Sale of Goods (CISG) and the Principles of European Contract Law, American Uniform Commercial Code and continental law system and common law system, especially the system of misunderstanding and unconscionability, the thesis points out the deficiency of our gross misunderstanding system and conspicuously unfairness, and how makes them fit the circumstance.This thesis is divided into four chapters, except of the preface and closing.Chapter 1:an overview of validity of contract. Firstly, the validity of the contract is defined, thinking it is the legal binding upon both parties of the legally formed contract, and then the thesis introduces the source and significance of contract.Chapter 2:Representations of validity of contract. This chapter analyzes the valid contract and the invalid contract in the international norms mentioned above.Chapter 3:Factors affecting validity of contract. This chapter chooses the two factors of mistake and unconscionability, and points out that the system of the gross misunderstanding and conspicuous unfairness in our country should be developed.Chapter 4:The development of the contract validity system in China. This chapter analyzes the four kinds of contract validity forms in China and puts forwards two suggestions for the reconstruction of the system of contract validity in our country.
Keywords/Search Tags:validity of contract, representations, mistake, unconscionability, valid, invalid, unapplied, revocable
PDF Full Text Request
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