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Theory Of The Applicable Rules Of Compulsory Contracting

Posted on:2013-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:M Y ZhiFull Text:PDF
GTID:2246330395471901Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As the supplementary rules of Contract Freedom,Compulsory Contracting is attractingmore and more eyes on it in the background of rights abusing.It goes with the purpose ofreasonable distribution of rights and obligations,tell us how to pursuit benefit in a rightway,assume corresponding responsibility with a reasonable premise.Compulsory Contractingcalls legislators from different nations conclude the unwritten rules of tacitunderstanding,plays an irreplaceable role on the way of realizing contractual justice.This paper focuses the center of the research on the applicable rules of CompulsoryContracting.From the legislation to the current situation we can conclude the applicable scopeof Compulsory Contracting into two kinds:in order to safeguard the public interests;in orderto maintain the stability of the specific legal relationship.Through analyzing the flaws of thelegislation,established the standard proposed of the applicable scope of CompulsoryContracting.This paper putted forward some suggestions about the principles and conditionsof the applicable of Compulsory Contracting,made some ideas for building institutionalframework.Then came to the conclusion that we should promote the specific rules and elasticterms work together.During the course of the study,this paper adopted the way of discussion and caseillustration,looked forward to realize the organic combination of theory and practice,realizethe value of Compulsory Contracting not only in the system of Contract Law,but also in thelegal life.
Keywords/Search Tags:Compulsory Contracting, Legal Application, Public Interest, Monopolyindustries
PDF Full Text Request
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