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Discussion On The Contract, The Possible Benefits Of Identification And Legal Protection

Posted on:2012-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:H M DuFull Text:PDF
GTID:2216330368995262Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Throughout the world the civil law development course, the contract on the possible benefits of research has had a more profound achievements.In the judicial practice can also play a supplementary role, contract can get interest is in the course of concluding a contract to contract the basic benefits of a division of a type of interest. In our country, the contract may benefit research is not thorough enough, leaving a lot of defects, which require theorists and judicial workers to further strengthen the possible benefits of the contract process, benefits available to deep research.Since the reform and opening-up, our country strengthen on the civil code revision work firstly, the contract law is also conducted several legislative and modified, and the introduction of relevant amendments, the judicial practice of the case has a certain guiding role, in the contract law promulgated three judicial interpretation is difficult to find on the the contract can get benefit of detailed explanation, it is necessary to further clarify. The contract can get benefit research to grasp the combination of theory and practice of this one masterstroke, namely the first benefits available to the connotation, characteristics and related theories in comparative study, based on the excavation of acquirable interest legislation present situation and carries on the analysis, through the study of theories, the judicial practice in the concrete determination and cognizance rules detailed summary and interpretation, ultimately for our judicial practice perfect contract benefits available measures to improve, to look forward to this contract phenomenon more effective regulation and protection, for the development of the market economy to provide a good environment of rule by law.
Keywords/Search Tags:contract interest, basic theory, judicial determination, legal protection, system improvement
PDF Full Text Request
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