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Exploration And Discrimination On The Alteration Of Contracts

Posted on:2013-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:C J XuFull Text:PDF
GTID:2246330395473173Subject:Law
Abstract/Summary:PDF Full Text Request
People operate things with contracts most of the time in the economic actions.And they are thinking with the contract system. So somebody say that the age of thecontract is coming. The Law of Contract in PRC has been enacted in about more thanten years till now. It was enacted after the global financial crisis appeared in1998.Now on the year2012, the world is getting through the new global financial crisis. Ascontract is one of the most important form and part of the financial operation, it playsan important role in the developing of the economy. The economic environment nowis astable. So the contract is very important to protecting and conditioning the subjectto the contract. Because the contract can tell us what to do and what we cannot doexplicitly. The system of the Law of Contract in the PRC which enacted on1999onlyset15types of named contract. That means we can consult the Law of Contract onlyon the15types of named contract in details. With the development of the economicand financial activities, it is far from enough to consult the contract according to theonly15types. As a result, it is necessary to judge the contractual relationship with theGeneral Provisions in the Law of Contract and the basic principle of Civil Law. So wehave to analyze and know the essence and form to the contract more exactly in orderto find the legal basis in the contractual activities. And then the contract can be aseffective as it could be in regulating and ruling the contractual activities. The Article85of Law of Contract of the PRC says,“Contract is the agreement between thesubjects on setting up, alteration, termination to the civil relationship.” The contract alteration is not the most important part in the system of the Law of Contract. But it isalso inevitable in the normal life. The effect on the contract alteration will make thechange of the rights and obligations between the subjects to the contract directly. Wecan say that it gives the second life to the contact. So it is important to leave a positionin the system of Contract Law to the contract alteration. Which concepts will beconfound in the contract alteration? What is the relation between the form andsubstance of establishment of contract and contract alteration? Both of them are theimportant parts of studying problems on the contract alteration. In this thesis, me thewriter will focus on the contract alteration. And I will analyze the relations betweenthe contract alteration and the changes of the property through the types, the formalrequirements, and the substance requirements in order to discuss the problem on thecontract alteration comprehensively and deeply. I’m willing to discriminate theconcept of the contract alteration, the renovation of the contract and debt. I’m tryingto provide a better way of thinking the problems on the contract alteration through theGeneral Provisions of Law of Contract and the basic principle of Civil Law.
Keywords/Search Tags:Contract alteration, formal requirement, substancerequirements, change of the property
PDF Full Text Request
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