Studies On Species Of Compulsory Contracting System

At the end of nineteenth Century to early twentieth Century, with the change of social epochs andeconomic conditions, the details of division of society, the appearance of the large-scale monopolyorganization, peoples’ civil ability difference is enlarging constantly. It was more and more difficult torealize the principle of freedom of contract in civil law, so how to fix the formal freedom of contract toprotect the individual rights become a national civil law problem. Contracting obligation was appeared bythe Germany court case to solve these problems. Then in the early twentieth Century, especially after theSecond World War, many countries or regions legislated the compulsory contracting system, so thecompulsory contracting laws and regulations gradually increased.The compulsory contracting system appeared in twentieth Century, it is one of the legislative moderestrictions on freedom of contract. Relative to the honest and trustworthy principle, the restrictions of thestandard clauses and other legislation, it is the most powerful legislative mode restriction on freedom ofcontract. It is the restriction of individual’s behavior, limiting the parties autonomy and enforcing obligorcontracting with some people. We can say that, the compulsory contracting system changes the traditionalfreedom of contract doctrine. In our country, although the legislation has already made a lot of compulsorycontracting terms, but the theoretical research is still insufficient, lack of access to the compulsorycontracting system, the fundamental purpose of the origin, type and so on a more in-depth and meticulousresearch.So this article discusses of the historical development of the system of compulsory contracting, theultimate purpose and the types of compulsory contracting system (the main object of study for the forcedoffer and compulsory commitment), trying to do further analysis for the compulsory contracting system and put forward my own view. Besides the introduction and conclusion, this article is divided into twoparts: the first part is the purpose of the compulsory contracting system. Analyzing the principle offreedom of contract, the development of the compulsory contracting system development then pointingout the compulsory contracting system’s fundamental purpose is not the contract, but forced on specificperformance benefits. Secondly, I have analyzed the protection of specific civil rights and interests.Through elaborating the protection of various civil rights and interests to embody that type of compulsorycontracting system is necessary and important. The second part is about the analysis of compulsorycontracting system type. Before discussing the mandatory offer and compulsory promise type, analysis ofthe compulsory contracting system’s concept and constitutive elements of theory is necessary, and concernvarious objections of the compulsory contracting system’s concept. Thereafter, in-depth comparativeanalysis of the most important type of compulsory contracting system: mandatory offer and compulsorypromise, discusses these two types have different characteristics and effectiveness, and combined with theexamples of both the legal effect. This paper doesn’t detail the direct and indirect enforcement ofcompulsory contracting parties, it is be interspersed and analyzed in the other sections.