Study On Legal Form Of Contract

Combing through the history of the continental legal about the form of contracts, we can see that in the historical period that do not pay attention to the rights of the individual, the ruler of mandatory strictly controlled society by law. This reflects the unity and institutional. Ancient China controlled market transactions through a rigorous form of contracts and strictly require the format of the contract, regardless of criminal and civil law. It made rational institutionalized to the limit. Obviously, both the European mainland and Chinese ancient law makers had a noble faith about formal rationality.There is no doubt that the force of contracts form has its inherent reasonableness, such as a mandatory requirement in the form of a written contract. Written contract having evidence of effectiveness is beyond doubt that the parties signed a contract. According to the "estoppel" principle, we can maintain transaction stable. Because of the probative force, we can urge the parties to proceed with caution, and responsible for their own rights and obligations. At the same time, the provisions of the contract can also be conducive to the effective management of the market.However, the contract is the result of the free will of the parties. Excessive intervention will result in smooth less of market transactions. This requires the legal form of a contract with restraint. Otherwise non-proliferation would immoderately intervene the market, and violate private rights. This is to adapt to the trend of continued reform and opening up. Reform is internal decentralization. The market returns market. The market managers give out the rights which belong to parties under the free market economic environment.Good faith and ethics rules can be used to limit the mandatory range of the legal form, as also as "Contract Law" Article36can be used to soft and cure the rigid rules. This is a view that substantive justice resolves the problems which form justice caused, by which we can adjust the rigid form of contracts. However, this adjustment was not unrestricted. It should comply with the relevant conditions to ensure legal stability and seriousness. In turn, these conditions are also restrictions on the reference to the principle of good faith. That is not any case which contrary to good faith can refer to the principle of good faith. It is just a fill program, available only in exceptional cases."Contract Law" Article36about softening the contract form of mandatory conforms to the expectations of the parties to the contract. To some extent, it is convenient for parties, and it changes the rigid legal form. However, this adjustment is not without boundaries. In order to maintain the stability of the law, the cure needs some stringent restrictions. The cure of our laws on the legal form is stipulated as the general provisions on Article36of the Contract Law. Obviously, it expands the scope of cure, and reduces the features of Article10. In my opinion, we should apply Article36prudently. The concept of the cure can be distributed in the field that can be cured as a separate exception, rather than as a general cure terms.There is no fundamental contradiction between legal contract form and parties’ legitimate accord. But the law appears to be inadequate in the face of complex social situations. After all, the law is only the abstract uniform regulations of a common phenomenon. We should comprehensibly consider the relations between inherent legal idea and external factors such as political, economic, and ethical on law application. In order to adapt to the social, appropriate adjustment to the law is needed.