Research on Case Judgments of New Contract Disputes (2nd Edition)

Author: Ding Yijun
Publisher:
Publish Date: 2005-07-01
Features: This book is a specialized monograph on the judicial interpretation of contract law, written by judges. It strives to align with the legislative intent of the Contract Law and the spirit of judicial interpretations, closely integrating the practical adjudication of contract cases. From the perspective of resolving contract disputes, it analyzes judicial methods for contract disputes, and based on contract law principles, the Contract Law, and its judicial interpretations, it examines difficult and contentious issues that have arisen since the implementation of the Contract Law, as well as highly debated contract dispute cases. Starting from the foundation of contract dispute judicial interpretations, it explores the standards for handling contract disputes, leading to the theoretical basis for the application of the Contract Law. This book serves as a legal reference for judges, lawyers, and individuals engaged in business transactions.
After its publication, the book has received great attention and favor from readers. At the same time, we have continuously received letters, emails, and calls from courts, procuratorates, law firms, law schools, and legal professionals. They have engaged in discussions on the theoretical foundations of the contract dispute issues addressed in the book, inquired about the legal basis, sought solutions, and requested explanations, clarifications, and answers to the raised questions. This has not only provided us with further research topics on the legal application of contract disputes but also added intrinsic motivation for in-depth exploration of legal pathways to resolve contract disputes. It has also created a temporal and spatial context for us to deeply understand the essence of the Contract Law and thoroughly reflect on the content of this book, ultimately leading to the completion of its revision. We extend our heartfelt gratitude and sincere thanks in this regard.
Based on the readers' affection and the publisher's requirements, we have revised the content of this book to address new types of contract disputes that have emerged since the implementation of the Contract Law. Drawing on contract law principles, the reasons for legislation, and newly issued judicial interpretations, we have removed some erroneous and biased views on the Contract Law and supplemented content that aligns with contract law principles and judicial interpretations. While preserving the original structure of the book, we have provided explanations on key and challenging issues in contract practice, such as the scope of adjustment under the Contract Law, accommodation contracts, the calculation method for expected interests, the nature of post-contractual obligations, the statute of limitations in contract disputes, evidence in contract disputes, vehicle sales contracts, real estate sales contracts, undisclosed agency, co-agentship by spouses, loan repayment with loans, mortgage registration, the statute of limitations in the transfer of claims, quality objection disputes, early loan repayment disputes, national interests in void contracts, as well as disputes over,, and. This has improved the book's framework, enriched its content, and aimed to bring it closer to judicial practice, bridging the gap between contract law theory and judicial practice, thereby providing readers with better service.