Research on the Consideration Principle in

Author: Liu Chengwei
Publisher:
Publish Date: 2006-12-01
Features: The introduction of this book first establishes a new concept of contracts, viewing them as an autonomous method for parties to plan future behavior. Subsequently, under the guidance of this new concept, the core propositions and standards of Anglo-American contract law, such as the doctrine of consideration, are introduced. In addition, the introduction summarizes the research content, methodology, challenges, and significance of the entire book.
Chapter 1: The Historical Origins of the Doctrine of Consideration. The author reconstructs the historical context in which the doctrine of consideration emerged to explore its sources and reasons for development. Significant attention is devoted to the study of early English legal forms, particularly the debt action and the assumpsit action, which are regarded as the formal and substantive sources of the doctrine of consideration. At the end of the chapter, the author also examines the misconceptions held by modern scholars about the origins of the doctrine of consideration, clarifying previous ambiguities.
Chapter 2: The Evolution of the Theoretical Model of the Doctrine of Consideration. The theoretical model of the doctrine of consideration has undergone a long historical evolution from its emergence in England to the development of the transactional theory in the United States. The traditional English theory of gain and loss served as the prelude to the systematicatization of consideration theory and contract theory, unifying the scattered rules and theories of consideration that had long existed in England and integrating the entire English contract law. This provided the leverage for the classical revolution in contract law. The decline of the gain-and-loss theory of consideration stemmed from its inherent ambiguities, lack of practicality, and focus on substance, creating an opportunity for the emergence of the American transactional theory of consideration. The birth of the transactional theory of consideration marked a new phase in American consideration and contract theory.
Chapter 3: The Specific Composition of the Doctrine of Consideration: Ontology of Rules. The author's detailed study of the various rules of consideration is based on the belief that the doctrine of consideration possesses exploitable institutional rationality. Through a specific examination of the positive, negative, and exception rules of the doctrine of consideration, the article demonstrates this institutional rationality and practical operability.
Chapter 4: The Functional Positioning of the Doctrine of Consideration. Function is a powerful means of grasping a social and legal institution, and this is particularly important for the study of the doctrine of consideration. The focus on the functions of the doctrine of consideration has been relatively weak both domestically and in Anglo-American law itself, although some scholars have begun to explore this aspect. The author examines the positive functions (primarily supporting the enforcement of promises) and negative functions (primarily hindering private autonomy) of the doctrine of consideration, exploring the reasons for its evolution and potential future developments.
Chapter 5: The Debate on Reform and Abolition of the Doctrine of Consideration. The uniqueness of the doctrine of consideration has led to confusion as it faces the economic and legal processes of globalization, and opinions on its merits and drawbacks are divided. Against this backdrop, the debate over the reform and abolition of the doctrine of consideration has become an important legal issue. After summarizing this debate, the author presents his observations as an outsider to Anglo-American law.
Chapter 6: The Doctrine of Consideration in Chinese Law (as Conclusion). The study of foreign legal systems and theories ultimately focuses on the domestic system. This section addresses the significance of the Anglo-American doctrine of consideration for Chinese law. Through an analysis of Chinese legal texts and facts, the author concludes that China also faces issues related to the doctrine of consideration, but there are significant shortcomings in many aspects. Building on this foundation, the author strives to bridge and integrate Anglo-American and civil law systems, constructing a shared and ideal normative legal order to provide reference for future legal reforms.