Modern Contract Binding To Justify Theory Research

Justified the contract binding force is the core issue in the basic theory of contract law, the question performance in practice is what kind of, the contract is enforceable, in theory, is manifested with the circumstances under which the contract binding. Traditional contract theory to establish a contract binding on the meaning of theory, under the influence of private law of positivism, the meaning of theory showed formal legal act and principles of consideration.But with economic development, which theory of meaning is difficult to justify modern contract binding force with a reasonable explanation. Those modern contract law taken interpretation of pluralism to justification of the contract binding, according to the research approach can be grouped into three categories, namely, approach based on moral which is promise and reliance, method of economic science-based approach the efficiency theory, and approach based on sociology of law which the Relational contract theory. This article is divided into five parts, respectively on the above theoretical discussion, and concluded the contract binding theory is a theory of pluralism, and the essence of this theory of pluralism is an anti-formalism.The first part, the traditional theory of contract law to explain the contract binding with the willing, but with the decline of private law of positivism, willing theory has been widely questioned, and replaced by a variety of modern theory.The second part, Approach on the basis of moral of reliance and promise of a study. Traditional contract law principles to protect the expectation interest. However, looking forward to the expectation interest of protecting the real purpose of protecting the interests of the reliance. Therefore contract binding should be based on reliance interest. The theory is that the promise of the promised law and moral binding force is inseparable from binding. Based on this, Justify binding contract exists in the binding force of the moral promise:But the moral approach to explain the theory of contract binding it difficult to rise to the field of positive law, become a proper theory oi justification of the contract binding.The third part, Based on the law and economics theories of efficient. Efficient theory take contract binding based on the principle of maximum benefit, Whether the contract can enforce depends on whether consistent with the principle of efficiency. Specific evaluation criteria are Pareto efficiency and Kaldor-Hicks efficiency. However, the efficiency only a measure of contract as a tool for binding, Value is difficult to become an independent as the basic theory of contract law.The fourth part, Based on the sociology of law to study the Relational contract. Modern contract is divided into individual contracts and relational contracts. Among them, contract binding exists behind which social relations is the core of the theory. However, due to relational contracts which is non-normative and its imperfection, is hard to become a stand alone basis for contract law theory.The fifth part, Obtained through the study, The modern interpretation of the contract binding is an interpretation of pluralism. Explain the causes of such pluralism, including the development of the results of the Liberalism tradition, revival of Natural Law, the influence of Legal Realism Critical Legal, the influence of Legal pragmatism and Postmodern philosophy, Such anti-formalism also represents the future direction of the development of contract law.