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Research on the Law Applicable to the Nameless Contracts

Author: XuZengYou
Tutor: GuanXinRong
School: South China University of Technology
Course: Legal
Keywords: Freedom of contract Nameless contract The applicable law
CLC: D923.6
Type: Master's thesis
Year: 2010
Downloads: 90
Quote: 1
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Abstract

In modern law, the freedom of contract as civil law autonomy the core contents of fully reflects the meaning of both parties or intentions. Because of the social development of changing, the progress of science and technology of advancing by leaps and bounds, both parties to pursue their own interests or achieving specific economic purposes or other specific contract appeal into all kinds of contracts. According to the traditional contract theory, the contract can be divided into the famous contract and nameless contract. It is whether the contract type in the contract law or in the civil code has stipulated and is given a specific name as the standard, and make the classification. Visible nameless contract is not without its own name, but the law of this kind of contract does not give clear particular contract provisions, thus the name collectively known as a nameless contract.Due to the nameless contract are required.this, inevitable produces various kinds of disputes, when one party or both parties amazingly, the court, because this regulation of law is not clear, will be in practice on bothering the judge how fair and impartial judgment, disturbing the party whether to endorse the verdict, whether to weigh the reflected the parties when signing a contract, the real demand and trust protection. Therefore a nameless contract the applicable laws, in practice are particularly important. Nameless contract generation, it could be a contractor legal consciousness insufficiency, use standard contract language expression a realistic contract legal relationship, possibly a a contract documents standardizes the multiple legal relation, also may be intentionally vague to circumvent the contract type prescribed by law. This paper from the nameless contract the concept and types of classification, basic theory and nameless contract the applicable laws, legal interpretation and nameless contract of famous of nameless contract and its laws applicable related elaboration.The article is divided into four parts, specifically for: the first part nameless contract basic problems, the second part nameless contract type analysis, the 3rd part nameless contract law applicable, the fourth part of nameless contract famous problem.In the article, the author of the first part of the theoretical basis of nameless contract existing problems were expounded: mainly from the concept of nameless contract began to the origin of the nameless contract development, a nameless contract with the relationship between freedom of contract, the function of nameless contract comments were expounded.In the article in the second part, the author analyzes the scholar of the type of nameless contract according to from already classified view and understanding of nameless contract, explained his point of view, in other types of nameless contract of pure nameless contract, mixed nameless contract, contract league LiSan aspects in conjunction with the relevant case discusses.In the article, the author of the third part of the legal standard contract effectiveness and the referee according to make the analysis, the paper mainly focuses on the mixing of the contract law applicable related elaboration, then the nameless contract of legal interpretation has also made the corresponding analysis, at the same time according to their own understanding how to limit on the discretion of the judge put forward their own views.In the article the fourth part, the author according to other countries and regions, and China’s famous contract the draft civil code of the famous contract content made longitudinal and transverse comparison, think of nameless contract famous accord with international legislation development trend, on a nameless contract review of the functional made famous proposed nameless contract after the initial ideas of famous.

Research on the Law Applicable to the Nameless Contracts

Abstract

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