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The Improvement Of Compulsory Contracting In China

Posted on:2017-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:C WangFull Text:PDF
GTID:2296330485456132Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Contract Freedom Principle is one of the basic principles serving for the private law in the contract law. The contract freedom principle is a symbol of society progress. For years, the personal relationship has become a decisive factor in the rights and obligations. At the same time, the rights and obligations between individuals has been gradually replaced by the free contract that created by oneself to meet the physical needs. This progress could be the movement from the identity to the contract what Maine had elaborate in the Ancient Law.However, with the development of commodity economy, Contract Freedom Principle has been used wantonly especially for the economic monopoly period, which violated the social public interest and other interest. To protect the real justice of the contract, the countries of the world establish the compulsory contracting system to limit the freedom contract. Though this system has been using in our economic society, the law of our country don’t make a detailed stipulation according to different situation. Therefore, this thesis aims at making a deep discussion and analysis for the compulsory contracting in China.This thesis aims at making a detailed conclusion about compulsory contracting system and talking about the definition for the conception comparing with related conception. I will also define the applicability through analyzing the specific condition of compulsory contracting and explain the value of system.With the angle of researching foreign compulsory contracting, the thesis will find something useful from the compulsory contacting in German, France and Taiwan of China District with comparison into their system and general stipulation.Based on the theory of compulsory contracting and foreign investigation, it will raise the problems with general stipulation, special law stipulation, applicative limit and legal liability according to our current situation.This thesis focuses on research about the perfection of compulsory contracting. Therefore, it will also make suggestions for the four aspects problems that I mentioned in the third part. Changing academic concept of compulsory contracting into clearly legal rule with legal provision; replenishing and adjusting the applicative situation with legal rule; clearing the compulsory contracting system’s applicative limit from the perspective of both sides; defining the legal reliability.This thesis aims at making systematic investigation for compulsory contracting and giving the suitable suggestions for it. Hope the new views of the thesis will be of any help to establish compulsory contracting system in our country.
Keywords/Search Tags:Compulsory Contracting, freedom of contract, justice of contract, conclusion of contracts
PDF Full Text Request
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