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Reflection of the relative contract breakthrough

Author: LiuYueFeng
Tutor: TianShiYong
School: China University of Political Science
Course: Legal
Keywords: Contract Relativity Breakthrough Reflection Typical analysis
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 313
Quote: 1
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Abstract

In the past few years, the contract relative breakthrough theory gradually move towards a consensus by the impact. Domestic legislation and judicial preached another tendency - prudent. Intentional infringement claims constructed as a third party advocates have high hopes for the Tort Liability Act, more is not expressly provided in the system results announced at the end of 2009. So strongly in favor of the academic and legislative circles, the judiciary careful in stark contrast. This requires us to reflect on the contract breakthrough theory of relativity. Follow to retrieve contract relativity \Therefore, in the the relative breakthrough reflection contract process, the formation of this article. Sven, I hope to give the present rampant contract relative breakthrough system a little prompt or alert, to help contract relative breakthrough system homing. This article is built on the premise of the contract as relative breakthrough. The focus of the discussion is to reflect on these years to break through the development of the theory. The first part of the contract relative breakthrough system briefly addressed. In order to better reflect on the contract relative breakthrough, first sketched out a contract relative to the evolution of the relative breakthrough in the contract. Recognized the value of the contract theory of relativity breakthrough in Sri Lanka section, set up the premise discussed. Second part of the three aspects of the contract relative breakthrough re-examined. That share situation to look at a breakthrough, that the interests of the third and the burden of two third party. Especially in the case of the third burden, the parties to obtain an interference of the right to freedom of movement of the third person. In this case, must not be overkill. And described the hazards and precautions of overkill. Throughout the whole paragraph is a good idea, and to be a rethink from three aspects. First, start from the third person freedom of movement considerations. \For example, in the third-party infringement claims system, you must have deliberately elements. Does not have the publicity claims against the third party in terms of publicity. Second, from a consideration of the discretion of the Court. The sphere of influence of a third party into the contract, constrained the freedom of movement of the third person, which is a great power, if it does not be regulated, most likely facing a violation of the rights of the parties and breeding places protectionist tendencies. Third, from the constituent elements, while competition once again prudently the relative necessary to break the contract. The third part of the contract relative breakthrough typical situation make a specific analysis and deepen the exposition of the second part of the point of view. First of all, it is the third party infringement claims analysis. The characteristics of the non-public debt, the protection of the freedom of movement of the third person. Break through this layer of protection, you must meet claims against the third party publicity intentionally \China is still in the moment no specific provisions on third party infringement claims. \The second to the debt security system for analysis. The rights of the parties to the right of subrogation and the right to revoke this freedom to interfere in the activities of the third person, facing a huge risk. China is the provisions of the rules of subrogation to the warehouse. In order to avoid \Third, the expansion of the right to lease, for example. By trading break lease \Fourth, in the interests of a third party, for example. Although the contract involves a third party, but did not detract from the property of the third party or influence the freedom of movement of the third person, but to make a third party to obtain benefits. \This point again implement the ideas, the contract relative breakthrough attitude affect the interests of a third party in the case. The relative breakthrough Part IV Looking contract system. Based on the first three parts of the discussion is based on the second part of the third part of the reflection, advocated the principle of good faith and Autonomy oriented to achieve the contract relative breakthrough system overkill correction. And from the interests of the third party with the burden of third party two situations Looking to the future of the contract relative breakthrough system.

Reflection of the relative contract breakthrough

Abstract

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