The Study On The Determination Of Demonstrative Obligation In The Contracting Phase

The social division of labor caused the information inequality between the transaction parties.The phenomenon of the information inequality will lead to the injustice of the transaction.The Principle of Good Faith lay a demonstrative obligation on the strong one in information.But how to definite the demonstrative obligation scope is difficult.The first part of article is to organize the current effective laws refer to the demonstrative obligation in the contracting phase.(1)Article 42 the provisions of contract law is not the unified law of demonstrative obligation.So there has not been the unified law of demonstrative obligation.But the demonstrative obligation has become a universal obligation.So the existing rules are difficult to meet the need of practice.It is necessary to carry out a unified law about demonstrative obligation.(2)Summarize the common denominator of the demonstrative obligation,in order to find the influence factors of demonstrative obligation.The influence factors through rule induction areThe second chapter discusses the subject of the obligation to explain the contract.The decisive benchmark for the obligation to specify the contract is the principle of good faith,which requires both parties to be able to consider the interests of the other party,then the main contract of the contract obligations to the parties to the transaction.It is considered that the buyer in the contract of sale is not liable for the obligation to specify the contract,that is,the contractual obligations will only exist under the seller.The third chapter of the article is the analysis of how to definite demonstrative obligation scope.The existence of "information difference" between the parties to the transaction is a prerequisite for initiating the obligations of the first contract.Therefore,it is necessary to first determine whether the "information difference" is satisfied.In the case of "only one party to master the existing knowledge" and "access to information sources or opportunities for inequality," the two elements are met,you can identify the existence of "information differences" phenomenon.And then to determine the factors that determine the integration of many factors that the first contract obligations.These influencing factors are based on the induction of the first chapter,combined with the theory of combing.In the argument is through the interspersed case to support.Followed by further consideration of the influencing factors in order to better meet the needs of the substantive community.The last part of the article is the conclusion.It is necessary to carry out a unified law about demonstrative obligation.The current effective laws refer to the demonstrative obligation can direction guide us to find out some influence factors.