Dissertation > Excellent graduate degree dissertation topics show

Research on Merger Clause Rule

Author: GuoXiaoFeng
Tutor: MengGuoBi
School: Guangdong College of Commerce
Course: Civil and Commercial Law
Keywords: merger clause rule contract law
CLC: D913
Type: Master's thesis
Year: 2011
Downloads: 6
Quote: 0
Read: Download Dissertation

Abstract


A merger clause(also named“entire contract clause”and“integration clause”) is so commonly found in commercial contracts in common law systems. The intention behind such a clause is simply to make the document in which it is contained an exhaustive statement of the express terms of the contract and to prevent the parties to a contract being liable for statements or representations, made in the context of contractual negotiations, which are not incorporated into the agreement.Therefore,the function of merger clauses is to increases the certainty and predictability of the contract reduce and to avoid costly and time-consuming litigation in that merger clauses will force the parties to acknowledge that they are not relying on any statements or representations made during the contractual negotiations other than those expressly set out in the document.In recent years, with the rapid development of the world economy, merger clauses have been written in all kinds of contracts in civil law system. Merger clauses are also adopted in Principles of International Commercial Contracets,Principles of European Contract Law, and so on. Civil law systems countries have already recognized the value of the merger clauses and tried to adopt them in domestic legislation.Therefore,the study of merger clause rule is of importance to Chinese contract legislations and practice.This paper contains a lot of creative work of the author. On the one hand ,you can have a deep understanding of how the merger clause rule works in common law and why this rule can be accepted in two systems. On the other hand, by analyzing some cases related to China, you can draw a conclusion that it is necessary and feasible for China to study and apply merger clause rule in legislations and practice.

Related Dissertations

  1. Research on Orbital Control Method for Space Rendezvous and Docking,V526
  2. Improvement of Ant Colony Algorithmand Its Application in Robot Path Planning,TP242
  3. Xu Peng age of academic thought and clinical experience medication regularity of the treatment of chronic gastritis,R249.2
  4. Research on Network Supervision under the Perspective of Democracy and Rule of Law,D630.9
  5. Research on Athletics Gymnastics Horizontal Bar Technology Development Regularity,G832
  6. On Ecological Politics of Murray Bookchin,D09
  7. Zhou Dean of academic thought and clinical experience and treatment of Tourette Syndrome the acupoints drug laws,R246
  8. Research on Legalization of Political Power Operation from the Vision of the Rule of Law,D920.0
  9. Current Status of Nutrient Input and Soil Nutrient Content Change Characteristics in Solar-greenhouse in Quwo County,S626
  10. Construction of Culture of Integrity,D262.6
  11. Evolution of Volleyball Competition Rules modify the impact of the development of volleyball,G842
  12. Technology for women's gymnastics competition winning Factors,G832
  13. On Criteria for Selection of Criminal Elements,D914
  14. Studies on the Public Service Barrister System of China,D926.5
  15. Reduction and Rule Acquisition in Fuzzy Decision System Based on Neighborhood Relationship,TP18
  16. Province Netcom 's employment system reform after the implementation of the Labor Contract Law,D922.5
  17. Hearsay Rule,D925.2
  18. Exploration of Tang Bin’s Governance in Jiangsu,K249
  19. Research on the Administration Legalization of Institutions of Higher Education in China,G649.2
  20. An Analysis of the Translation of CLPRC,H059
  21. Analysis on the Biased Errors of Word Order in Written Expression of Foreign Students,H195

CLC: > Political, legal > Legal > UNIVERSITY > China and France
© 2012 www.DissertationTopic.Net  Mobile