The concept of
contract law
There is a broad and narrow distinction between contract law
contract law refers to the special code regulating contracts
Contract Law of the People's Republic of China.In the broad
refers to the general term of the legal norms governing cont
General Principles of the Civil Law, the Maritime Law and th
well as the regulations, methods, implementation rules and j
interpretations relating to contracts.
Contract Law is a general term of legal norms regulating th
civil property with Commodity Exchange as the core between
ao 译
regulating the contract behavior of civil subjects.
Contract Law in a broad sense: the
general term of regulating the legal
norms of contractual relations
ud 翻
Contract Law in the
narrow sense:
Contract code
2. The object of
yo 档
adjustment of
Contract law
The object and scope of
adjustment in the same
law
文
An agreement between natural persons, legal persons and othe
that are equal subjects to establish, alter or terminate a r
civil rights and obligations. Agreements concerning personal
such as marriage, adoption and guardianship, shall be govern
道
provisions of other laws.
First, a contract is an agreement between equal subjects con
the relationship of civil rights and obligations, and it is
legal relationship. Second, contract law is to adjust the pr
relationship in the civil legal relationship
, (1) The
principle of
equality
Civil subjects are of equal status, and
neither party may impose its will on the other co
party. All natural persons are equal in their
capacity for civil
2 Different civilrights
subjects participate in a civil relationship, apply
the same law and have equal status.
3. Civil subjects must negotiate on an equal
footing in a civil legal relationship
2. The
ao 译
principle of
voluntariness
White will refers to the civil subject in civil activities, f
true meaning, and according to their own will to establish an
ud 翻
civil legal relationship.
1. The white cause of
concluding a contract.
2. Freedom to choose
yo 档
the counterpart.
3 Freedom to decide the
content of the contract.
4 Freedom to alter and
文
rescind the contract.
5. Freedom to determine
the manner of the contract.
3. The
道
principle of
fairness
1. It contains the meaning of equivalent compensation. In civil activities,
provided for by law or agreed by the parties, the parties shall pay the corr
to the other parties when they obtain the property interests of others.The
fairness requires that the rights and obligations between t
,(1) Change of circumstances system: refers to the situation as the preco
existence of legal relationship, due to unanticipated change of cause no
parties, resulting in serious loss of fairness of the original legal relations
relationship should be changed system
(2) the system of obvious
unfairness and the system of major
misunderstanding
Explicit unfairness: the situation where one party takes a
other party's advantages or the other party's inexperience
obvious loss of fairness in the rights and obligations of
misunderstanding: it refers to the situation in which the
ao 译
understanding of the nature of the act, the other party,
specification and quantity of the subject matter, etc., ca
consequences of the act to be inconsistent with his own in
ud 翻
great losses. (4) The principle of good faith (Emperor's Rule)
Civil subjects shall be honest and trustworthy in their civ
activities and exercise their rights and obligations in goo
1. Determine rules of conduct such as honesty and trustworthiness,
yo 档
exercising rights and performing obligations in a good faith manner.
2. Balance the conflicts and contradictions between the
interests of the parties and the interests of society.
文
3. Explain the role of law
and contracts
At the conclusion stage of the contract, the parties shall
with the principle of good faith, assume the duty of care
道
first the contractual obligation, otherwise bear the liabi
contracting negligence.
After the conclusion of the contract and
before the performance, the parties should
be prepared to perform the contract in
accordance with the principle of good faith.
, In concluding and performing a contract, the parties shall
administrative regulations, respect social ethics, and may
social and economic order or harm the public interests.
To respect social ethics and not to disturb social and ec
order or harm public interests is the principle of public
good customs.
.docin.com
Key
issues
ao 译
1. The concept of
contract formation
2. The process of
3. Content of
ud 翻
contract formation
contract terms
yo 档
4. Legal regulation and
interpretation of standard terms
5. Form of
contract
文
6. The elements of
a contract
7. Time and place of
contract formation
道
8. Liability for
negligence in
contracting
Case
analysis
contract law
There is a broad and narrow distinction between contract law
contract law refers to the special code regulating contracts
Contract Law of the People's Republic of China.In the broad
refers to the general term of the legal norms governing cont
General Principles of the Civil Law, the Maritime Law and th
well as the regulations, methods, implementation rules and j
interpretations relating to contracts.
Contract Law is a general term of legal norms regulating th
civil property with Commodity Exchange as the core between
ao 译
regulating the contract behavior of civil subjects.
Contract Law in a broad sense: the
general term of regulating the legal
norms of contractual relations
ud 翻
Contract Law in the
narrow sense:
Contract code
2. The object of
yo 档
adjustment of
Contract law
The object and scope of
adjustment in the same
law
文
An agreement between natural persons, legal persons and othe
that are equal subjects to establish, alter or terminate a r
civil rights and obligations. Agreements concerning personal
such as marriage, adoption and guardianship, shall be govern
道
provisions of other laws.
First, a contract is an agreement between equal subjects con
the relationship of civil rights and obligations, and it is
legal relationship. Second, contract law is to adjust the pr
relationship in the civil legal relationship
, (1) The
principle of
equality
Civil subjects are of equal status, and
neither party may impose its will on the other co
party. All natural persons are equal in their
capacity for civil
2 Different civilrights
subjects participate in a civil relationship, apply
the same law and have equal status.
3. Civil subjects must negotiate on an equal
footing in a civil legal relationship
2. The
ao 译
principle of
voluntariness
White will refers to the civil subject in civil activities, f
true meaning, and according to their own will to establish an
ud 翻
civil legal relationship.
1. The white cause of
concluding a contract.
2. Freedom to choose
yo 档
the counterpart.
3 Freedom to decide the
content of the contract.
4 Freedom to alter and
文
rescind the contract.
5. Freedom to determine
the manner of the contract.
3. The
道
principle of
fairness
1. It contains the meaning of equivalent compensation. In civil activities,
provided for by law or agreed by the parties, the parties shall pay the corr
to the other parties when they obtain the property interests of others.The
fairness requires that the rights and obligations between t
,(1) Change of circumstances system: refers to the situation as the preco
existence of legal relationship, due to unanticipated change of cause no
parties, resulting in serious loss of fairness of the original legal relations
relationship should be changed system
(2) the system of obvious
unfairness and the system of major
misunderstanding
Explicit unfairness: the situation where one party takes a
other party's advantages or the other party's inexperience
obvious loss of fairness in the rights and obligations of
misunderstanding: it refers to the situation in which the
ao 译
understanding of the nature of the act, the other party,
specification and quantity of the subject matter, etc., ca
consequences of the act to be inconsistent with his own in
ud 翻
great losses. (4) The principle of good faith (Emperor's Rule)
Civil subjects shall be honest and trustworthy in their civ
activities and exercise their rights and obligations in goo
1. Determine rules of conduct such as honesty and trustworthiness,
yo 档
exercising rights and performing obligations in a good faith manner.
2. Balance the conflicts and contradictions between the
interests of the parties and the interests of society.
文
3. Explain the role of law
and contracts
At the conclusion stage of the contract, the parties shall
with the principle of good faith, assume the duty of care
道
first the contractual obligation, otherwise bear the liabi
contracting negligence.
After the conclusion of the contract and
before the performance, the parties should
be prepared to perform the contract in
accordance with the principle of good faith.
, In concluding and performing a contract, the parties shall
administrative regulations, respect social ethics, and may
social and economic order or harm the public interests.
To respect social ethics and not to disturb social and ec
order or harm public interests is the principle of public
good customs.
.docin.com
Key
issues
ao 译
1. The concept of
contract formation
2. The process of
3. Content of
ud 翻
contract formation
contract terms
yo 档
4. Legal regulation and
interpretation of standard terms
5. Form of
contract
文
6. The elements of
a contract
7. Time and place of
contract formation
道
8. Liability for
negligence in
contracting
Case
analysis
