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On The Protection Of The Counterparty's Interests In The Contract With Undetermined Validity

Posted on:2020-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:B WangFull Text:PDF
GTID:2436330572987171Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The contract whose validity is uncertain is an important part of the system of contract effectiveness in China.Because of its unique effective mode,the counterpart of contract is in an extremely passive position.The counterpart of contract faces many risks in the contract operation: on the one hand,because the contract may not be ratified in the end,the expected benefits obtained by the counterpart of contract when the contract is concluded are lost,the law needs to give its relief means to achieve compensation,on the other hand,the counterpart can only passively wait for the attitude of the holder of the right to ratification,need to get rid of this unstable state as soon as possible.It can be seen from the evolution of China's legislation that the issue of protection of counterpart has received increasing attention,such as the setting of the right to inform and the right to revocation,and the clearness of the responsibilities of the unauthorized agency.But on the whole,there are still problems such as ambiguity in the expression of the law,simpleness of rule design,and relatively insufficient protection.Through the interpretation and comparative study of the law,this article comprehensively and systematically sort out this subject and make suggestions for improving the protection of the interests of the counterpart.
Keywords/Search Tags:contract whose validity is uncertain, counterpart of contract, unauthorized agency, limited capacity for civil conduct, right of revocation
PDF Full Text Request
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