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The Contracting Of The Administrative Examination And Approval

Posted on:2016-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:S C XuFull Text:PDF
GTID:2296330479487904Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the contract law,Around the second paragraph of article forty-fourth and related judicial interpretation,there are many different views and practice field theory on the contract with administrative examination approval. With the research involved in this kind of contract unceasingly thorough, approval by the relevant discussion about the entry into force of the contract is still showing in the fuzzy state. After the establishment of examination and approval in front, whether the contract has the validity of constraint of parties. What we can recognize about the nature of administrative examination and approval in the contract. How approval for the obligations of the parties come into being. What we can do when the obligor violate duty, and how can we remedy the observant party. At all, there are many questions about it. This article tries to explain the nature, effect and exact connotation of the contract, Based on the existing legal provisions.This paper is divided into four sections.The first chapter mainly explains the duality of legal evaluation of the examination and approval of the entry into force of the contract. Compared with general contract, there exist a dual legal evaluation in the contract with administrative examination approval, namely "established by law" and "administrative examination and approval". The contract doesn’t effect after “established by law”, it need an approval according to law contract forty-fourth. But it doesn’t mean the contracting parties without any legal obligation and responsibility, after the first legal evaluation of the law, all of the contracting parties should keep his word.The second chapter mainly analysis the effect of contract approval prior to the examination and approval of the problem. By analyzing the different views and practice field theory, such as “the contract invalid”, “the contract valid” and " the contract ineffective ". Finally the author analyzes the effect of contract belong to “the contract pending validity”.The third chapter mainly explains the approval of obligation in a contract. For this kind of contract obligation, the author thinks that the provisions of the law can be divided into two categories: the deal agreed obligations and legal approval obligation. The legal approval obligation should be determined as the assist obligation which the obligor bears in advance under the obligation of the contract, while the deal agreed obligations is independence obligation; in the article, author made detailed analysis about the nature of the deal agreed obligations. It has a special double attributes.The fourth chapter mainly analysis the relief of the contracting parties, after the obligor violate the approval obligation when the contract has already establishment. By criticizing the “Liability for breach of contract”, "contracting negligence responsibility" and “the effectiveness negligence responsibility”. The author analyzes it has a dual attribute. For the relief of the contracting parties, we can rescue him by performance and contract termination compensation.
Keywords/Search Tags:administrative examination and approval, approval obligation, effect of contract
PDF Full Text Request
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