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Research on Mobile Value-Added Telecom Service Contract
Author: WuSheng
Tutor: XiaoHaiJun
School: Hunan University
Course: Civil and Commercial Law
Keywords: Telecommunications service contracts Basic telecom operators Value - added telecom operators Telecommunications users Mobile value-added services
CLC: F626
Type: Master's thesis
Year: 2010
Downloads: 52
Quote: 0
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Abstract
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Mobile value-added telecom services in cellular mobile communication services , basic telecommunications network based on the additional value - added telecom services , contract law relationship with a complex , value-added telecommunications users and value - added telecom operators contract entered into this business is mobile value-added telecommunications services contract . Mobile value-added telecommunications services contract entered into by the mobile communication network is atypical contract , altruism contract format contract . Contract law rules of the class system deficiencies . The mobile has a unique value-added telecommunications services contract , the Contracting Parties status is extremely uneven , due to serious deficiencies as well as value-added telecommunications users to tilt the need to protect the rights and obligations of the contract , it is necessary to set the the statutory contract rights and obligations to regulate . Legal rights and obligations of value-added telecommunications users : the right to freedom of choice , the right to information , right to contract confirmation , trial and Returns rights , any right of cancellation, the right to request to provide qualified services , information protected rights and payment obligations . The provisions of these legal rights and obligations of the contract law rules shortcomings . Basic telecom operators is not mobile value-added telecommunications services contract Contracting , based on the theoretical and practical considerations , it is necessary to break through the privity of contract , its own mobile value-added telecommunications business cooperation contract with Protective obligation to take care of a third person . Value-added telecommunications users bear the following contractual obligations : the obligation to provide detailed information , the obligation to provide tariff details of a single query , the obligation to keep relevant records , charges confirmed obligation to accept the obligations of the termination of the contract , the person in charge and obligations and audit oversight obligations . Law of these obligations is the same shortcomings . Mobile information services business and mobile online transaction processing business as the most common mobile value-added telecommunications business , in which the existence of mandatory consumer fraud contracted violation charges, whether the refund and the burden of proof . Contractual obligations of value-added telecom operators and basic telecom operators should be identified separately .
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