The Establishment Of The Theory Of Contract

The system of Contract Law is an important part of the theory of civil law, andcontract forming system embodies the foundation stone of the civil law theory.Therefore, contract forming occupies a non-negligible status in contract law and civillaw system. Contract forming system is a topic with logical preciseness, rich contentand distinct gradation, on which experts and scholars have already achieved rich worksand results. Based on researching related books, documents, after doing systemicresearch, the thesis is achieved with months of efforts finally.According to Contract Law of the People’s Republic of China, and combing withrelated contract theories, legislative practice, cases and the development trend of inuniform international contract law, the thesis does a research on the related theories oncontract forming.After over viewing the whole structure of contract forming system, this thesisachieves the positive fruit of concluding contracts, a central topic of contract forming,by analyzing on the process of concluding. Therefore, it defines the research scheme ofthis thesis, which is helpful to further analysis and more logical research on contractforming, and deepen the theoretical research and practices on contract forming.This thesis applies three methods, case analysis, game theory and transaction costanalysis, to researching the process of concluding a contract. It analyzes demands anddilemma before concluding, studies consultation process and strategic choice betweenparties in concluding, and discusses the outside appearance of formation afterconcluding contracts. With consistent and penetrating analysis on cases, and thesummary of theory, it combs logically every step in concluding contracts before thepositive fruit of achievement. Meanwhile, it considers precisely logical reasoning,empirical analysis and comparison. It employs analyzing tools and methods on relatedtheories of contract forming, and discusses the difficulties faced in the process offormation. This thesis starts with these analyses. It then examines and elaborates thecontract forming system deeply.From the point of concluding process, the thesis collects related researches andbooks on contract forming theory, dissects it by different angles, and finally concludesinterpretation on contract forming. Although it does not put forwards different views, itstill can be regarded as a reference to theoretic research on contract forming. All thework has the way to seek the effect of casting a brick to attract jade.