On The Study Of The Type Of The Promise Composed By Silence

In today’s trading fast, frequent, increasingly important contract legal relationship between the parties, expressed as a implied meaning as conditions become more common.Tradition Roman law system of civil law, meaning there are two possible ways, express way and the way. Express way relative to the implied way easier to understand and accept the parties, because we can be familiar with the language or languages of symbols to identify. On the contrary, no language or languages the direct meaning symbols, implied meaning said that becomes more difficult, to understand the intentions of the parties is often only from the Angle of behavior. Implied existence as and inaction, as the burden of the inferred from the positive actions of its intention of content; Not as implied(silence) refers to in neither language or languages symbol is not actively said behavior, according to certain regulations to determine the content of the intention of the parties. Silence as the intention of special form in civil and commercial activity has special legal significance. This paper discusses silence can constitute acceptance in the law of contract and its type.Regulations on the current system, only silence in agreed by the parties and the law case can only be regarded as promised, on the analysis about qualitative commitment and normative commitment after the two kinds of situations, the author will constitute a commitment type are under the control of regulation. In addition to this, the author thinks that the commitment of silent composition types are not limited to, regulations constitute a commitment type does not cover the whole content of silence of commitment. This article attempts from the perspective of the following analysis of the relationship between silence and commitment, to further explore and reveal the silent promise two possible types: a, silent: presumption of commitment. Silence from constructive path on the premise of basic facts constitute a presumption commitment type, the author puts forward specific parties based on the presumption of trading habits and presumption based on the interests of the two cases; Second, the silence: explanation of commitment. Silence from explanation path constitutes a commitment to explain the types, the author explained in the civil law theory case is put forward under the guidance of theory and practice. There may be three conditions: subjective knowledge and did not make any representation; Prior relationship caused by the promise of trust; Fails to fulfill its obligations such as timely inform the contracting process.