Research Of Compulsory Contracting

Since the later19th Century, along with the great development of industry andbusiness, social economic enviroment had been changed a lot. Due to the inequality ofbargaining ability, the monopoly was deepened increasingly and social contradictionshad raised up. In many areas, it wass difficult to realize contractual freedom andcontractual justice. The compulsory contracting system was borned to protect thefundamental interests of vulnerable groups and to promote social equity and harmony.Compulsory contracting also put special emphasis on contractual justice, which wasthe trend of socialization of contract legislation. Compulsory contracting is design tobreak the doctrine of contractual freedom and to restrict the offeree to concludecontracts when the offeree not has justified reasons. However, the current theoreticalresearch on compulsory contracting is lack of systematic and practical guide, whichlead to the applicable confusion in the judicial field.In order to contribute to the improvement of compulsory contracting system, thispaper will discuss the legal basis, applicable rule, legal liabilitys and legislativedefects of compulsory contracting. This paper is divided into four parts.Part Ⅰ, first part introduces the history of the freedom of contract and therelationship between cotractual freedom and justice in modern civil law system. Thenfocus on discussing the rationality of compulsory contracting by introducing the therelevant economic theories and juristical theories which can prove the theoreticalbasis of restricting the freedom of contract.Part Ⅱ, second part introduces the concept, types, and functions of thecompulsory contracting, thus to clarify the purpose of the regime of law as well asto build up the system of compulsory contracting. Second section describes theimportance of set up the rules of appliying of mandatory contracting and reasonablerestrictions to offeror. Then focus on the reasonable requirements of the offer andappropriate time for acceptance.Part Ⅲ, this chapter will focus on figuring out the liability for violation ofmandatory contracting obligation and put forward the author’s view. In author’s opinion, obligor violate the mandatory contracting obligation shall bear thecontracting negligence. Then discuss the forms of liability and the range ofcompensation. The form of liability can be damages and forced performance. Thescope of this claim include both reliance interests and vested interests.Part Ⅳ,review the current legislation of compulsory contracting and find out thedefect of the law. This chapter provides a brief analysis of the compulsory contractingat the legislative level and puts forward four suggestions: to expand the scope of theobligations; revise a general terms of compulsory contracting; improve civil liablityon violating the obligation of compulsory contracting; force collateral obligation incompulsory contracting system.