Study On The Rules Of The Written Contract

The argument between the monism and pluralism debate in existing theories either only approves the rules of the offer commitment,or treats the written contract rules as the rules of establishing the time,or treats the rules of the written contract as exceptional rules.These are undesirable.The written contract rules,refer to when the parties to enter into a contract by written contract,the Court in accordance with the provisions of the 32nd and 37th of the contract law to determine whether the contract is established rules.It is one of the rules of conclusion of the contract the administration of justice.Whether it can be applied correctly is of great influence on the establishment of the contract between the parties.In the current judicial practice,the rules of written contract have been regarded as an independent ruling by the courts,but the relationship between the written contract rules and the rules of offer and acceptance,the applicable dividing line and the scope of application are still unclear.It leads to the facts of the same case,different courts draw different conclusions according to different rules of establishment,and the phenomenon of "co-accused is different" is found.Only by clarifying the independence of the rules of the written contract and the scope of application,the conditions to be satisfied by the contract establishment,can we effectively solve the chaotic application in judicial practice and some contradictions and difficulties in theory.In nature,the written contract rules should be a kind of rules for the establishment of contracts,which solves the problem of contract formation.In the function,the contract rule is a kind of referee criterion,which provides a judgment basis for the court or the arbitral organ to determine whether the contract exists or not.Through the arrangement of the rules in the system of contract law and the legislative intent of the legislator,the rules of and acceptance and acceptance and the offer and acceptance should belong to two different rules,and the written contract rules should be able to be the legal basis for the establishment of the Court's judgment,independent of the application of the rules of the offer and commitment.As an independent referee for the establishment of a contract,the rules of the written contract should also have its special scope of application,only in the case of "contract entered into by the parties",that is,only when the parties expressly agree to enter into contracts in the form of a contract,and in accordance with the requirements of the written form,industry practice and other factors presumed to enter into contracts in the form of a contract,the court or the arbitral organ can apply the rules of the written contract.In the case of presumption based on written form,the kinship between the wtitten contract and the written form in legislation should be fully understood,the contract is a kind of special writing form,can infer the case that uses the contract according to the legal stipulation in the written form.When the court or the arbitral organ applies the rules of the contract,in principle,the parties should be based on the signature or seal to determine whether the contracts are established,but in exceptional circumstances,can be based on the performance of the facts between the parties to judge the establishment of the contract.