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Summary Contract law key knowledge

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The concept of contract law There is a broad and narrow distinction between contract law.The narrow sense of contract law refers to the special code regulating contracts, such as the Contract Law of the People's Republic of China.In the broad sense, contract Law refers to the general term of the legal norms governing contracts, including the General Principles of the Civil Law, the Maritime Law and the Copyright Law, as well as the regulations, methods, implementation rules and judicial interpretations relating to contracts. Contract Law is a general term of legal norms regulating the circulation of civil property with Commodity Exchange as the core between civil subjects by regulating the contract behavior of civil subjects. Contract Law in a broad sense: the general term of regulating the legal norms of contractual relations Contract Law in the narrow sense: Contract code 2. The object of adjustment of Contract law The object and scope of adjustment in the same law An agreement between natural persons, legal persons and other organizations that are equal subjects to establish, alter or terminate a relationship of civil rights and obligations. Agreements concerning personal relationship, such as marriage, adoption and guardianship, shall be governed by the provisions of other laws. First, a contract is an agreement between equal subjects concerning the relationship of civil rights and obligations, and it is a civil legal relationship. Second, contract law is to adjust the property relationship in the civil legal relationship Scope of adjustment: Subject: Contracts concluded between Chinese or foreign natural persons, legal persons and other organizations: Types: economic contracts, technical contracts and other kinds of civil contracts concerning claims and debts. 3. Nature and status of contract Law In essence, contract law adjusts the dynamic property transfer relationship Congruence is an important separate civil law in the civil law system 4. Legislative purpose of Contract Law Article 1 of the Contract Law provides: "This Law is formulated in order to protect the lawful rights and interests of the parties to a contract, maintain social and economic order and promote socialist modernization." V. Basic principles of Contract Law The basic principles of contract law refer to the basic principles of abstracting and reflecting the essence and law of contractual relations in a centralized manner, and their effectiveness runs through the beginning and end of contract law 有道文档翻译 (1) The principle of equality

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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


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




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


rescind the contract.
5. Freedom to determine
the manner of the contract.
3. The



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.


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



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


6. The elements of
a contract
7. Time and place of
contract formation




8. Liability for
negligence in
contracting

Case

analysis

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Uploaded on
July 9, 2023
Number of pages
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Written in
2022/2023
Type
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