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Trial Study Contract For The Sale Of Certain Legal Issues

Posted on:2015-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhaoFull Text:PDF
GTID:2266330428466371Subject:Law
Abstract/Summary:PDF Full Text Request
As a special type of probation for the sale of a contract for the sale of our lawexpressly provides them little, and because of differences in the parties agreed in linewith the principle of autonomy means the content on probation for the sale, resultingin a contract of sale in real life because the trial difficult to dispute the ruling. Thispaper attempts to probation for the sale of four case actually happened in real life,and to reveal the terms of the contract of sale of the four trial prone to controversy,and propose solutions.The first chapter introduces the case of this article is to try Kunlun Lee v.pharmacy contract dispute case, which reflects the sales contract the buyer trial formsthe subject matter of the recognition of the problem of how to identify and investigatethe buyer question the effectiveness of different forms of recognition will begenerated in this regard many scholars and legal experts have different opinionsdiffer, mainly in their trial period for the buyer at the buyer implied judgment, thebuyer in the subject matter when implied undelivered judgment and the buyer is onlypart of the subject matter for the judge to admit the effectiveness of three areas.Finally, comparing the combination of theory and case analysis.Chapter II of this paper is to set out the trial and trial period for the sale of theissues within the trial period how to bear the cost for the use of the subject matter.Scholars who will determine whether the subject matter of the trial period, and theuse of cost within the probationary period who will bear the proposed variousviewpoints. After comparing a variety of relevant theories, proposes a method to useduring the trial period and the cost of a trial case for the sale of how to determine themost appropriate to solve, combined with relevant Wang Dayu v. Volkswagen4Sshop trial contract dispute case analysis.The third chapter of this paper is on trial for the sale of the subject matter duringthe trial the burden of risk issues. For who would bear the risk of the subject matter, there are many controversial issues, scholars have put forward different views fromthe perspective of the existence of two main differences: Some scholars believe thatthe subject matter of the risk depends on the subject matter of the trial period ifdelivered, some legal experts believe should be in accordance the principle of theburden of risk ownership is determined. In this paper, real cases after comparing themerits of the two theories can select the most reasonable, properly solve a viewdispute.Chapter IV of this paper is the main responsibility of the nature and subjectmatter of the damage caused during the trial ’s responsibility to determine how to beexplored. The first chapter presents a real case then, after many legal scholars citingvarious theories on the subject matter of the responsibility to determine the damagecaused by the problem, concludes with specific cases of specific analysis methods,and Wang v. HTC Appliance City Lin trial bid contract dispute case to cause physicaldamage liability for a reasonable, legitimate analysis.
Keywords/Search Tags:Trial contract of sale Acknowledged formTrial time Burden of risk Liability of damages
PDF Full Text Request
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