On Agreement Of Contract Law

The agreement, refers to the consensus by the parties.If the parties reach a consensus in atransaction, determines whether there is a contract between the parties, it is a question tojudge.In practice, after repeated contact, consultation, the parties concluded a contract,whether from when we can judge contractual relationship between the parties, which have anobjective standard, can give an intuitive rules guide in theory, is a very tricky problem.Thequestion put forward at least two aspects of rules requirements: one is to determine the partiesconclude a contract which provisions shall include at least, is to determine the necessaryterms of the contract scope;2it is to determine the party intention should be the content of theintention to the other side, what kind of response, can be regarded as the intention of theparties is consistent, which determine the scope of the accept meaning said a reply.In order to solve the above doubts, more accurately according to the contract law in ourcountry, the related judicial interpretation, judicial practice and typical countries of twoimportant legal systems theory research results, around the purpose the nature and scope ofeffectiveness, acceptability, undesirable judgment, has carried on the key discussion.The introduction part mainly discussed in this paper, the research foundation, mainlydiscusses the theory and approach to study the status quo.Through to our country "contractlaw" and the typical countries such as legal documents, this article refers to the fact that theagreement is reached the decision rules of almost no a unified standard, causing majorproblems in theory and practice.The first chapter mainly discusses the nature and effect of the agreement.Combiningtheory research progress of two law systems, this paper pointed out that the purpose is theestablishment of the contract requirements, only between the parties formed a consistentmeaning, said the contract can be established.At the same time, the purpose is generallyestablished condition, the contract for special type of contract, in addition to the meaning of aconsensus between the parties said, it is required by law or agreed by the parties to the specialestablished condition, can contract.From the perspective of the historical evolution of purposeoriginally refers to the subjective consensus, has evolved into the objective, external, and form a negotiated consensus.Agreement content with one or both parties do not match theeffect of inner meaning, not the question of whether a contract was established, but affect theproblem of contract effectiveness, and can according to you mean error or defective systemprocessing, etc.The second chapter mainly discusses the acceptable range.Combined with the traditionalcontract law theory development, representative national legislative reforms, internationallegal documents and the legislative situation in our country, this article pointed out that thepurpose and scope of scientific standards, should include three aspects of content.Parties tothe contract terms and conditions necessary to achieve a mean said agree, in principle can beconcluded that have reached an agreement, contract, in turn, was established.Second, theparties may prescribe "commercial terms", namely the parties according to the particularity ofdeals, can be based on the contract freedom will some necessary provisions or non-essentialclause agreed to stay, to a subsequent negotiations or to a third person for sure, withoutaffecting the formation of the contract.Three is the offeree to offer content may not besubstantial changes, but only for the nonmaterial change.The third chapter mainly discusses the desirable way.The author believes that combiningthe legislation and theory research progress of our contract law, an agreement, including atleast offer promise, cross invitation, at the same time said, forced contracting, competitivecontracting, the fact of the contracting parties.On the issue of silence can have a purpose,combining the theory of meaning realization, based on the requirement of the principle of fair,to our country contract law article22shall be narrowed the sexual interpretation.Specialprovisions according to the laws and trading habits or practice, the silence must be based onboth sides of the agreed by the parties, not only based on the offeror, the party means, canconstitute a commitment.The fourth chapter mainly discusses the purpose.In this paper, on the basis of definingthe connotation and types of undesirable, probes into the hidden undesirable explain therules.This paper, through the interpretation of the normative, as far as possible to theomission of existence of the contract for the supplement, make the contract to clearly identifythe meaning of the language used and the only, the semantic contradiction to eliminate, so asto exclude the existence of hidden in the contract is not desirable, make the contract not because of the influence to be established.