CONTRACT LAW.ppt

CONTRACT LAW
Teacher:Xie Mindi
Associate Professor
电子教案
Introduction一、The process of legislating about contract law
State of legislation on the old law
二、The concept and the scope of regulation of contract law
General concept
The Contract law is a series of legal norms regulating the social relations regarding property transfers, which are established voluntarily between certain equal parties on the basis of contracts .
The scope of adjustment
NOTICE:
Equality of the parties Obligatory contract
The essence and status of contract law
law is essentially a kind of legal norms regulating this relations regarding property transfers.
law is a special law in the civil law system.
functions of contract law are as follows:
(1)To protect contractual parties’legal rights and interests.
( 2)To maintain the social economic order.
( 3)to promote economic development.
三、The basic principle of the contract law
Equality(Article 3)
Freedom(Article 4)
Justice(Article 5)
Good faith(Article 6)
Legality(Article 7)
The principle of equality
Natural person’s capacity for civil rights is equal all and singular
Defferent civil subjects should be applied to the same laws and have equal status when they attach themselvs to civil relations.
The civil subjects should negotiate equally with each other.
The principle of freedom