Contract Law Research (Volume 1) (Volume 1)

Author: Wang Liming
Publisher:
Publish Date: 2002-11-01
Features: The author of this book conducts an in-depth exploration of the development of contract law in the contemporary era and some new and challenging issues in contract law, such as third-party contracts, electronic contracts, standardized clauses, types of contracts with uncertain validity, and the filling of contractual loopholes. The author hopes to engage in exchanges and discussions with scholars and practitioners in the academic and practical fields, aiming to jointly promote the improvement of China's contract law and the in-depth, detailed, and systematic development of theoretical research. The book closely integrates China's contract legislation and judicial practice, drawing on advanced foreign contract law experiences and theoretical achievements to conduct a comprehensive and detailed study of the concept, characteristics, classification, basic principles of contract law, formation of contracts, content and form of contracts, and the validity of contracts. The author of the book believes that the basic principles of contract law should consist of four elements: freedom of contract, good faith, contract justice, and encouragement of transactions. Contracts should be distinguished between formation and effectiveness, as well as between non-formation and invalidity. Contract law should regard the breach of the duty of good faith as the theoretical foundation for pre-contractual liability, and strictly distinguish pre-contractual liability from breach of contract liability and tort liability. For contracts lacking the necessary conditions for effectiveness, there should be distinctions between contracts with uncertain validity, invalid contracts, and rescissible contracts. The author conducts an in-depth exploration of the development of contract law in the contemporary era and some new and challenging issues in contract law, such as third-party contracts, electronic contracts, standardized clauses, types of contracts with uncertain validity, and the filling of contractual loopholes.