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Study on the Electricity Supply and Use Contract

Author: NiYueJiang
Tutor: LiXiHe
School: East China University of Political Science
Course: Legal
Keywords: Electricity Supply and Use Contract Service Contract Electricity Supply
CLC: D923.6
Type: Master's thesis
Year: 2010
Downloads: 80
Quote: 0
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Abstract

“Electricity Supply and Use Contract”is a special contract listed in China’s“Contract Law”. This contract has so far been treated by many scholars and industry people as a“Purchase and Sale Contract”. Rules of the latter have also been applied to electricity supply and use. Yet in many cases, these rules failed to explain the actual relationship. Thus, we studied differences between these two contracts and clearly analyzed features of the electricity one. We drew the conclusion that the electricity contract is basically a service contract, considering the definition and features of the latter, as well as our practical experience of implementing the former. We refuted the concept of“electricity property ownership change”derived from the notion that“electricity supply and use contract is a purchase and sale contract.”We further brought in rules compatible with features of power supply and use, including implementation rules and risk responsibility rules. According to the specialty of the electricity contract, we discussed ranges and amounts of damage compensations: 1. If it is due to failure to fulfill the contract, supplier shall only compensate for personal injury and ownership violation; 2.Under circumstances of supplier’s fault breach, supplier is not obliged to compensate for accessible interests of electricity users.Finally, we offered suggestions for the revision of electricity laws and regulations.

Study on the Electricity Supply and Use Contract

Abstract

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