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Discussion About The Breakthrough Of Doctrine Of Contract Privity

Posted on:2016-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:T B YuFull Text:PDF
GTID:2296330461982348Subject:Law
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The departments of law of each country will to some different extents make some doctrines when enacting laws in order to guarantee the smooth implementation of legislative activities, law enforcement activities and judicial activities and this situation suits the law of contract as well. As an important doctrine of the field of contract law, the doctrine of contract privity is not only the important component of contract system but also the important standard to differentiate contract systems from other civil law systems. The doctrine of contract privity includes the privities of the body, contents as well as liabilities of contract. The doctrine of privity of contract is universally applied to all contract systems of China. However, with the continuous development of social economy, more and more requirements about laws have been raised by social life while the strict abiding by doctrine of contract privity can no longer meet the needs of social development. Therefore, legislators attempt to make a breakthrough in the doctrine of contract privity as well when abiding by it, through which it plays a very important role in both perfecting contract systems and facilitating social and economic development.This article has a study about the breakthrough in doctrine of contract privity from a perspective of construction contracts of construction projects. The first part of this article gives an introduction about the general theory of contract privity while the connotation of contract privity, the specific conditions of the breakthrough of current laws of China in contract privity as well as the discussion of values of the breakthrough in contract privity are specifically discussed by this part as well. The second part gives a discussionabout the breakthrough of contract privity in construction contracts of construction projects, which mainly represents in aspects of construction body’s affirmation and quality commitment etc. of the project prices of construction projects. The third part of this article is about the writer’s suggestions about the abiding by and breakthrough of contract privity in construction contracts of construction projects.
Keywords/Search Tags:doctrine of privity of contract, breakthrough in doctrine of pdvity of contract, construction contracts of construction projects, the right of claim of project price of the actual construstors, the joint liability of the quality of construction projects
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