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Theoretical Study on Going-on Contract

Author: ZuoKun
Tutor: ZhangGu
School: Zhejiang University
Course: Law
Keywords: Continue to contract The statutory continue contract Agreed to continue contract
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 78
Quote: 1
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Abstract


Since the German jurist Otto Von Gierke continuing bonds relations theory , continue to contract theory much attention of the civil law expert . Sometimes encounter some problems in China 's judicial practice , the traditional temporary contract theory they can not be a valid explanation about the legal provisions of the temporary nature of the contract can not be fair and reasonable solution to them . This article intends to continue to contract theory , research and discussion , the writing of this article can help us to deepen our understanding of the traditional contract theory , to help develop new , to adapt to the requirements of social development theory of contract law , help an effective solution for such problems in the judicial practice , contribute to the development and improvement of China Contract Law . This paper is divided into five sections , are summarized as follows : The first part is the introduction part , discusses the need to continue contract theory and its significance . The second part of judicial practice of continuing contract status and theoretical research status described and presented the problem to be solved . The third part discusses the source of the contradiction between its contradictions continue to contract with the traditional contract law . Divided into two parts: the first small part introduces the basic theories continue to contract , including domestic and foreign scholars continue to contract concepts and characteristics of controversy , request the right to continue to contract type division and continue to contract and the right of defense of diversity reflected. Second small part to continue to contract with the traditional contract law analysis of the root causes of conflicts . The author discussed from two aspects , one is due to the weak position which has been to continue to contract in the traditional contract law ; because of uncertainty continue to contract specific . The fourth part is to continue to contract a number of legislative proposals . Divided into two parts : the first small part compared the two continue to contract the legislative mode ; second small portion of specific legislative proposals to continue contract , including debt continue to contract fails to perform , continue to contract the elimination of the right of defense and continue the contractual relationship . Finally, the concluding section summarizes the main content of the various parts of this article and of the main points .

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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