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Third Party In Altruistic Contract

Author: ChenJun
Tutor: YiJiMing；YuJiang
School: Huazhong University of Science and Technology
Course: Economic Law
Keywords: Altruistic deed Third person Effectiveness
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 123
Quote: 0
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Abstract

Since the 20th century, the productivity accelerated development, economic upheaval promote the development of the transaction, the economic life is increasingly complex, specific performance is the increase in the number of transactions, a wide range of diverse means, time and space to develop, and increased risk of frequency to accelerate The case of a significant rise in third party intervention contract, the contract for the bond market relations unprecedented breadth and complexity. Relatively closed in the 19th century with a simple free economy based on transaction closed and independence, the continuity of modern commercial transactions, the relevance of contract law since the 20th century has become a new economic base. More and more difficult to abide by the the strict contractual principle of relativity has been met to balance the interests of society, the need to achieve the administration of justice does not conform to the law of modern economic life, which undoubtedly will be a large number of contract disputes helpless, unable to guide the smooth progress of economic exchanges , can not meet the needs of the times. Secondly, the various stakeholders in the modern market economy, to pursue the interest maximization, competition is mounting, the coexistence of legitimate competition and unfair competition, the risk of abrupt rise of market transactions, the legitimate interests of stakeholders is difficult to obtain an effective maintenance. An accurate transaction is expected to maintain the market economic order, so that the operator, the effectiveness of the countries one after another expansion contract legally binding contract to strengthen and protect the third person. Again, as the traditional core of contract law and the basic principles of freedom of contract, although some reasonable, but it has exposed many shortcomings of modern society, as a shield to impact the normal order of freedom of contract, freedom of contract as strong fraud and predatory The natural weak excuse to relativity theory of contract to shirk their responsibilities, which is a concrete manifestation of the parties since the 20th century, the abuse of freedom of contract. Therefore, freedom of contract must be limited to limit the ways, means, there are many ways one is to strengthen the effectiveness of the protection of the contract of third party to safeguard the interests of a third party, by some system in place so that the parties first three of the formation of certain rights and obligations, in order to achieve a dynamic balance of contract freedom and social justice. Because of the complexity of the contract, so this is just try on the altruistic deed third system, in-depth research. The thesis is divided into the following six parts: the first part is the introduction. Macro realities and legal analysis, clearly our system of altruistic deed must admit. The second part by the comparative study of the two legal systems and our altruistic deed is a type of contract that important countries Contract Law has drawn worldwide attention, and its Code altruistic deed its third

Third Party In Altruistic Contract

Abstract

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