The Study On Continuous Contracts

The contract is the foundation of the development of modern society.From the time of the development of commodity economy in ancient Rome,the contract has formed a set of theories covering the basic structure of society in a continuous evolution and has developed into a contract system of modern society.The contract itself is the result of the civil society's emergence in response to the civic transaction's requirement for the fixed transaction content and the clear division of powers and responsibilities.Generally,the contract is limited to only one or a limited number of transactions.This is considered temporary.The scope of the contract.However,with the development of the times,a new type of transaction contract has emerged,that is,continuous contracts.In western countries,the development of contract theory is based on the deep analysis and extension of temporary contracts.This has formed the phenomenon that the civil and commercial laws of all countries in the world generally use the temporary contract as the starting point of the contract.However,in fact,with the continuous deepening of the transaction model and the rapid development of the network of contacts,the importance of continuous contracts has become more apparent.In the long-term transaction,the continuous contract has the unique characteristics of reducing the cost of contract formation,saving transaction time,improving the security of transactions,and protecting the benefits of trust.These characteristics not only meet the basic requirements for the long-term and repeat transactions between contemporary trading entities.It can play a unique role in maintaining social human trust.In Germany,Japan,France,the United Kingdom,the United States and other capitalist old countries,due to their earlier modernization process,the research and use of continuous contracts have formed a scale,and at the legislative level,this has been more necessary regulations..However,in China,which was just established in 1949,because the early civil law system was influenced by the Soviet Union,and the later period of study of the German and Japanese civil law system was not deep enough,it only reached a level of ignorance.Therefore,the continuation of the contract has not been adopted in the Chinese legislation.Some have paid attention to it.Even civil law legislators deliberately evaded the question of continuous contracts in order to prevent the disorder of the law.That is to say,it is imperative to study continuous contracts.Fortunately,some prescient scholars in China have begun to draw on nutrients from the German and Japanese civil code and started to study continuous contracts in the Chinese environment.This provides a direction for China's future continuation of contract work.This article will start with the development history,basic concepts and characteristics of continuous contracts,the similarities and differences of temporary contracts,issues related to continuous contracts,and issues related to the lifting of continuous contracts,combining well-known research results from China and abroad with some of the stronger Theoretical issues of controversy,the more comprehensive introduction and analysis of continuous contracts,aimed to provide more scientific advice on the future research and legislative trend of China's continuous contracts.