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The Research On The Application Of The System Of Explicit Inequity

Posted on:2019-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:Q G CaiFull Text:PDF
GTID:2416330542982305Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The creation of the unfair system is the sign of freedom of contract.In classical contract theory,freedom of contract means contract justice,which is equivalent.However,with the great changes of social and economic environment and the extensive application of the format contract,the theory of freedom of contract alone cannot meet the needs of the society for the pursuit of fairness and justice.In order to alleviate the social contradictions,all countries have issued a fair and unfair system.But we must be clear,to show the unfair system establishment is not to deny the value of the traditional theory of contract freedom,but rather aims to form reasonable regulations of contract freedom,which provide guarantee for the realization of the essence of contract freedom.General part of civil law in our country,incorporating fishing as a subjective factor to the unfair system shows,no doubt with the unfair in the theoretical system of subjective and objective elements of controversy for a clear on the level of legal system,but for the apply of this system,we still have a lot to discuss,and the author in this paper,it is to show the origin of the unfair system nowadays,the development,as well as the problems in the development process,the specific apply of the context is analyzed.Strive to make the legal effect of the unfair system,the social effect play better.This paper is divided into four parts,the first part,from the social background of the unfair system,introduces the theoretical basis of the system of explicit inequity.The second part,introduces the overseas show the provisions of the unfair system in Roman law "very loss rules" as the origin,in France,the United States,Germany and other countries on the basis of this to show a series of unfair system improvement and development,in order to adapt to the needs of their own.These systems are of great significance to the emergence and development of China's unfair system.Show unfair system in China,the third part,the paper introduces the related laws and regulations as well as the existing problems,along with the advance of our society,people's perception for fairness in the trade constantly changing,and as a result,show the unfair system of legislation is also changing,have to say,in the process of change,all scholars have self sustaining point of view,conducted a series of,among them with "single element" and "two elements said" the most intense debate,in the end,the general part of civil law,as the debate made clear in the eyes of the law,has been clear about the show unfair system need to be subjective and objective elements of the "two" applies,the author of "two elements said" the rationality of the certificate.Finally,even if the general civil law to clearly show the constitutive requirements of unfair,but there are still a series of problems on the applicable,the author has put forward one by one,and in the fourth chapter presents the related measures shall apply.The fourth part,the author focuses on the third chapter,reveals the problems existing in the unfair system gives a reasonable apply,mainly on the rationality of the existence of unfair,for objective and subjective judgment and the integrated use of,and show the difference between the unfair and other revocable behavior cognizance were analyzed,and strive to the legal effect of the show unfair system play better.
Keywords/Search Tags:Obviously unfair, Subjective elements, Objective elements
PDF Full Text Request
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