Study On The Legal Issues Of The Forced Contract Obligation

For a long time,as one principle of the contract law,absolute contract freedom has ensured the free transition of goods and the development of commodity economy.However,with the diversity of emerging market entities and the complex of the current economy system,the equal situations between the contracts has been broken.Especially in the industry of utilities,the unfair status seems more obviously.The absolute freedom that people originally obeyed could not ensure the equal contract rights under the circumstances of marketing economy.Even worse,the freedom mentioned ahead could become the poison to the people's rights.Hence,based on those conditions,the forced contract obligation seems more necessary.This contract obligations aims at finding a legal way to keep the status balance between the contracts signers.Moreover,the contract obligation can guarantee the high speed economy development maximally.The paper targets at solving the problems that exist in the application of the forced contract obligation through studying domestic legislation and judicial practices.By learning the experiences from foreign laws,the paper will give some useful advises towards the application of forced contract obligation in mainland.According to the researching contents and study methods,the paper could be divided into five parts.The first part mainly contains the concept and the features of these obligations,as well as the lists and comments on the articles of domestic laws.The second part points out the problems that exist in judicial practices through finding lots of cases relate to the forced contract obligation.The third part makes a conclusion on the application of the forced contract obligation,which includes the following five points,lack of principles,deficiency in application conditions,the narrow scope of the application,unclear commitment time of the contract obligors and the unspecific responsibilities.The forth part introduces the different articles relate to the forced contract obligation in two legal systems.Based on the research and domestic economy situations,the paper gives advises towards this contract obligations.Finally,the paper puts forward some feasible suggestions in order to solve the five problems that mentioned ahead,which include the three principles and application conditions;the expansion of the application scope;the addition of the commitment time and the improvements of the responsibilities.