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The Case Analysis On The Contract Validity

Posted on:2013-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2246330371486353Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The contract, is the termination civil right and the voluntary relations agreement which is set up between the equal main body natural person, the legal person, and other organizations. The contract definition had then indicated the contract has the relative freedom of will, but not solely. It depends upon, simultaneously needs legal which litigant’s meaning expression maintains the supplement and the standard. The contract potency refers to the contract provision and has the actual potency or the corresponding binding force which is based on contract itself. A contract existence inevitably has not the effect which the litigant anticipated, instead of the possibility that appears the result which the litigant is not willing to see. This needs us to know the different contract potency relations between the different contract angle, and minute stage treatment contract potency each kind of dispute.In this paper, an asset management contract dispute a message to Nanning Ltd. v. China case is the basis. The case analysis is focused on the effectiveness of the contract. In the structure, this article mainly divides into four parts. The first part is the introduction, that briefly introduced the effect of contracts the research background, research status, research methods, a comprehensive description of the effect of contracts theory and its realistic significance and so on. The second part is a case about representations, and the plaintiff, defendant and the three separate litigation reasons briefly stated. In order to study the effect of contracts to provide specific case material, a retrospective case on this basis at the time of the main points of controversy spreads out an analysis.The third part is the case in detail theory. The starting point of the method is adopted for classification. In the case of relationship into two, one is the plaintiff and the defendant, the defendant and the third party two. From the different contract offer and acceptance stage begins, we combine with the case of the plaintiff and the defendant malicious collusion problem the plaintiffs lawsuit status, problems. According to the relativity of contract characteristics on different subjects, the relationship between is the analysis of different ones.To lay the foundation for the effectiveness problem, further discusses based on the analysis of the relationship between the contract parties the effectiveness of the contract to provide a theoretical are to be supported. The fourth part of the establishment is the reflection of the problem which is effectiveness of contract. In the previous theories, the part will contract related problem divided into four aspects. Such as the establishment of the contract, contract, invalid contract and contract potency root. Multi angle analysis of the effect is based on each relevant element, we want to achieve the effect of contracts on the comprehensive understanding. On the basis of this, I put forward some rationalization proposals according to the practical experience about contract effectiveness...
Keywords/Search Tags:Contract, Validity of contract, Invalid contract, The relativity ofcontract, Origin effect
PDF Full Text Request
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