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The Legal Contract Lift Conditions Comparative Study

Posted on:2012-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:X Q WuFull Text:PDF
GTID:2216330368988908Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The common law is Characterized by the case law, but the statute is the feature of civil law. With the process of globalization, countries are strengthening the communications with each other. Especially in the field of contract law, the two legal systems are showing the same trend day by day.As one of the important contents of the contract law, the termination of the contract to the validity of a contract is a kind of abnormal termination. As business rules of the game, an important system of the termination of the contract in modern market economy in life has irreplaceable position and role in the field of modern contract law, is an important research topic. As a default of remedial measures, and contract termination system is legal law gives the non-breaching party in each other the default protection of their own interests, and means. In the termination of the contract, the parties concerned may be under protection system in time for the other party to eliminate or reduce loss caused by default, and can not be expected from the performance of the plight of get out. And contract termination conditions is the legal system of the termination of the contract the key.Therefore, this paper will existing main problems in our country, the current "contract law", and on the basis of comparison, the history of the research methods, combining dialectics between continental law system country and the main international treaty legislation and the relevant judicial practice, common law, with continental law system and the international convention for the object, the relevant provisions to review and analyze the contract termination of the legal conditions, in order to be able to terminate a contract the current conditions of the problems and how to practice it basic problems such as a breakthrough.The thesis contains four chapters:The first part of the termination of the contract conditions of carriage. This part from the Angle of the first words of genetic of different legal systems of the termination of the contract under laws related to this term meaning, and then based on the classification of the termination of the contract, the way the contract termination of the legal conditions, scope and classification system value is discussed in this paper. The second part is a legal contract termination conditions of the legislation and comparative analysis theory. The second part of overall surveyed a two continental law system country, mainly in international treaty related legislation, combed the different theories of evolution and development situation, so as to the specific problem after detailed discussion of the scientific theory foundation laid certain.The third part is the default form different contract conditions subsequent legal compared. Legal termination is the main part of the termination of the contract conditions, but also the termination of the contract system core. This part of the two big main countries and international convention on the law of contract terminate legal conditions detailed analysis, so as to improve the legislation of sorting out a good research basis points.The fourth part for the country's contract conditions subsequent legislation perfect legal. Based on the above, this part of the research in our country, different default form to the termination of the contract conditions, and also discussed the classification to investigate the special provisions of some famous contract concrete application, and briefly introduced the domestic legal remove contract for the other cases of some added content and the problems that should be paid attention to in practice. Through summarizing the termination of the contract and the conditions for principles of legal remove contract and contract justice mutual relationship, make such as contract termination conditions the concept of this legal system construction problems, can be in virtually the basis and thinking in theory, and then better guidance legislation and judicial practice.Through different paradigm contract termination under legal elements in the last part, the author of this paper attempts to based on two law and international treaty perspective, the grand to the best of the form listing some this paper when the final conclusion, sort out all did not research subject, in order to perfect our country's contract conditions subsequent legal set systems.
Keywords/Search Tags:rescission of contract, legal conditions, fundamental breach, anticipatory breach of contract
PDF Full Text Request
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