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On Research Of The Application Of Encouragement Of Trading Rules In Contract Law Of China

Posted on:2013-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:S MaFull Text:PDF
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Encourage the transaction is not contrary to the premise of the legal and social public interests, the law gives the parties to the transaction fast deal and as far as possible to promote more transactions succeed, in order to achieve economic efficiency. The famous American economic jurist Posner is a very famous formula, accurate description of why the contract law in order to encourage trading. Only the optimal allocation of resources through voluntary transactions can be achieved to make the most efficient use of the hands of its people into in order to promote the most efficient use of social property and social wealth growth of wealth. Encourage the transaction has a great advantage not only of the parties individual and social and economic development of China’s facilitating role. After the promulgation of the new contract law, law of contract law to modify several aspects of implementing the legislative goals to encourage transactions, such as strict requirements of the contract is null and void, in judicial practice by expanding the scope of the contract may revoke, so as to achieve a narrow invalid purpose of the scope of the contract. Are involved in specific cases, such as real estate contract disputes and co-development contract disputes to encourage the application of the trading system. Contract to determine an important basis for the contract valid or invalid, in judicial practice should be as much as possible in accordance with the provisions of the law and to encourage trading objectives of the contract valid or invalid review. In practice, not only to consider my interests, but also to maintain the relative interests of the people, the principle of encouraging the transaction, I think that the parties to nullify the contract, the court or an arbitration institution should be based on the actual situation, in order to make the society or individuals to obtain more big interest in the review clearly rejected the request, the contract to continue to fulfill, in order to implement an important objective and the legislative purpose of contract law to encourage transactions. Our judges for contract legal norms in the drafting process of the entire contract law a requirement that the judge in the applicable contract laws and regulations to resolve contract disputes, must comply with the requirements to encourage trading.
Keywords/Search Tags:Encourage Trading Rules, Contract law, Application
PDF Full Text Request
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