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Make An Appointment For Contract Research

Posted on:2019-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ChenFull Text:PDF
GTID:2436330572498157Subject:Contract law
Abstract/Summary:PDF Full Text Request
It can be seen from the appointment contract become part of the national legislation that the advantages of locking trading opportunities and improve the efficiency of resource allocation will bring more positive significance to market trade.Therefore,the standardization of appointment contract is one of the complementary directions of the contract law with the background of the world economy's development.In terms of our country at present,it is few to refer directly to appointment contract in law,so it is often difficult to directly quoted legal code to judge for the referee when a dispute enter the lawsuit,it must refer to the relevant provisions about civil law or contract law to make inferences and then applicable.And these inferences may be difficult to justify itself due to lack of legitimacy,or because of the possibility of actual operation's lack lead to it's hard to resolve disputes,or even because of the lack of fair which cause a lot of controversy.The existence of these controversies or the opposing attitudes of the theoretical and practical circles on certain issues.,such as whether about appointment contract liability for breach of contract can be applied with forced contracting as the core of continue to perform or the loss of contracting opportunities need to compensation or not,etc.The different views of the two sides not only want of a great influence on the referee of the dispute,but also hinder the development of the appointment contract system.So this article aims to from the appointment contract system's background and legal nature,combine the validity analysis of the appointment contract,to comb the remedies for breach of contract liability and hope to get some the train of thought to good for dispute judgement of appointment contract.This paper is mainly divided into five parts.Apart from the introduction part and conclusion part,the main content of the article is focused on the first chapter,the second chapter and the third chapter.The first chapter is the nature of the appointment contract,which is divided into three parts.The first part is to discriminate the confusing concept in some practices from the "independent contract"property of the appointment contract,the second part is to discuss the core content of the appointment contract from the constituent elements of the contract,and the third part is about the comb of the difference between the appointment contract and the contract of the contract;The second chapter of the article is to analyze the validity of the appointment contract through two parts.The first part is about the feasibility of the different validity of the appointment contract,and the second part is the discussion on the due sanction and realization of the appointment contract.The third chapter about liability for breach of contract is the focus of this article,starting from the form of the default behavior of the appointment contract and focus on how to make the responsibility of continuing to perform and damage liability application in the remedies of significant controversy in academia and practitioners.
Keywords/Search Tags:Pre-contract, Nature, Effectiveness, Liability for breach of contract
PDF Full Text Request
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