| Non-compete, an important issue in business transfer, plays a key role in the practice of business transfer. The benefit of the assignee is protected when non-compete is properly dealt with. Meanwhile, the freedom of business of the assignor can also be guaranteed. The present study tries to conduct a deep research on the issues in business transfer with the help of document research method and comparative analysis. The thesis mainly consists of four parts.The first part introduces the value of establishing non-compete agreements in business tranfer through explain the concept and the aims of non-compete. The second part focus on the legitimacy of non-compete in business tranfer, including the economic basis (agency cost) and legal basis (interest balancing principle, the principle of resaonable restraint of the competition, and honesty-credit principle). From the perspectives of statutory prohibition of business strife and promissory prohibition of business strife, the third part argues the contents of non-compete, including restrictive provisions, nature, and exemption of liability. The nature, consititution condition, and reasonable requirements of promissory prohibition of business strifle are introduced. Besides, legislative stipulations and analysis of legislative cases of varied countries are also involved in this part. The last part mainly discusses two things, one is the results of liability, liability for tort, and liability for breach of contract; the other is the detail liability bearing. |
