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Research of Forced Contracting System
Author: LinQiaoZuo
Tutor: WuShuangQuan
School: Lanzhou University
Course: Civil Law
Keywords: Compulsory Contracting Freedom of contract Civil liability Vulnerable groups
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 91
Quote: 0
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Abstract
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The 19th century was the period of the Civil Code was a great development , but also the golden age of freedom of contract . Under the guidance of the principle of freedom of contract , the world economy has achieved rapid development . But the 20th century , with the protected monopoly intensifies, the rapid development of public utilities , consumers , workers and other vulnerable groups has become increasingly prominent . In order to balance the interests of the strong and the weak , the assertion of social equity and justice , the formal freedom of contract must be limited. Compulsory Contracting precisely limit the rights of the party of a strong contract , maintenance contract the weaker party interests in order to achieve substantial contract justice in this article using case studies to elaborate system of compulsory contracting by taxi rejection case , discussed the concept of compulsory contracting range , the compulsory contracting causal relationship finds that the nature of civil liability for violation of compulsory contracting obligations . Through the comparative analysis method , more Western countries and the different provisions of the compulsory contracting , learn from the experience of the West to continue to improve our system of compulsory contracting . The text of this article in addition to the introduction and conclusion mainly divided into three parts , the first part is the introduction of the case , the second part is the focus of the dispute in this case legal analysis , thinking and recommendations of the third part of the grounds of the case raises . This article violation of the mandatory liability of Contracting obligations as discussed in focus . Nature of liability and commitment there is no clear , the interests of the injured party not compensated for , the substantive justice of the law will be difficult to achieve, the compulsory contracting system is bound to exist in name only . Therefore, this article intends to focus on the violation of the the compulsory contracting obligations assumed legal responsibility to make analysis . In this paper, through the case and the legal discussed a combination of compulsory contracting system , make its problems , and make appropriate recommendations to the theory and practice of China 's compulsory contracting to be beneficial .
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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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