Famous Contract

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General Discussion History establishing legal classification feature applications for contract law divided into category symbol meaning Expand Edit this paragraph overview Theoretically, the famous contract with the broad and narrow sense. Broadly speaking, laws, administrative regulations and judicial interpretations as determined by the contract are all famous famous contract, and not belonging to the "Contract Law" as determined by the famous contract. China's "Contract Law" provisions of sub-section fifteen classes

famous Contract

basic contract types, namely: sales contracts for electricity, water, gas, heat the contract, grant contracts, loan contracts, lease contracts, finance lease contracts, Contracts, construction contracts, transport contracts, technology contracts, storage contracts, warehousing, delegation contracts, contract of commission and intermediary contract; "Guarantee Law" under the guarantee contract, the mortgage contract and pledge contracts. "Contract Law" also requires that the specific type of contract, such as installment sales contract, another contract for the sale by sample, the probation contract of sale, all belong to the contract of sale special type of construction contract survey, design contracts and construction contracts, is to build the specific type of contract, these specific types of contracts are also famous contract. Other laws or administrative regulations also determine the "Contract Law" does not provide the type of contract also belong to well-known, such as the "Insurance Law" provisions of the insurance contract. Judicial interpretation can also be known to determine the contract, such as a finance lease contracts, first used in economic life, beginning in the legal contract is unknown, the judicial interpretation of the name to be identified and confirmed its response rules constitute the famous contract, but the "Contract Law" Section 124 will be restricted to unnamed contract "this Law or any other law does not expressly provide for the contract; indicate laws and regulations, judicial interpretation of the provisions of the contract even if the name and the rules established, nor is it known contract so narrowly famous contract means" Contract Law "and relevant laws of the contract. known contract is legal or economic life habits have been identified by their type of contract certain name, also known as a typical contract provisions of contract law and the civil law of contract Research contracts are all famous contract. unnamed contract is famous outside the contract, the name has not been uniform determine certain contracts. unnamed contract as recognized by law or in the formation of a unified trading habits, can be transformed into the famous contract. Edit this paragraph development History establishing contract debt law in an important position since ancient Roman times had been established, then the civil law tradition inherited Roman law in their countries who did the detailed provisions of the Civil Code concerning the legal contract adjustment system, but due to the presence statute "legal hysteresis," the inherent defect, the existing legal system can not meet the real needs, contract legal system is certainly no exception, especially the rapid economic development, freedom of contract is generally accepted current era, the type of contract speed expansion, Contract undoubtedly exposed the limitations of the legal system. Based on this, the author of the famous contract base point, and should be natural and real contingent from two angles to categorize and sort the problem to do some research. explore Firstly, by comparing national civil code on the famous Contract classification and sorting of four models, the author pointed out that in Ethiopia, Algeria, represented by the Civil Code or contract with debt General General, the General following type of contract, type of contract following each name in the contract three sorting

famous Contract

classification model legislation changed the traditional idea of ​​a contract, the more advanced part of the contract is the Chinese Civil Code of the legislative reference model. Secondly, the type of contract for the rapid expansion of social system brought about challenging the status quo, for the classification of the contract made famous rethink, not only on the increase in the microscopic famous type of contract, but also to benefit from the macro contents will be known as the standard contract is divided into transfer of property ownership, transfer the right to use property, provision of services and the completion of four major categories of work contract, and thus the legal system for the famous design contract General Conditions of Contract - type of contract rules - each name three levels of contract ought sorting system. Finally, based on Chinese contract law applies especially nameless contract does not regulate state law applies, the author demonstrates the solid angle probability reform of China's current General - sub-contract sorting system, increasing class system of contractual rules to adjust the necessity and feasibility of . This paper intends to adjust through the famous contract law rules of the sorting system redesign, especially after joining the transfer of property ownership, transfer of right to use property, provision of services and the completion of the contract work four class rules changed two adjustment system for the three adjustment system, In particular, the contract is the law applicable to the contract nameless clear direction, reducing the use of judicial discretion to balance the relationship between judicial power and legislative power, thereby establishing an open, dynamic adjustment of contract law system. Edit this paragraph law applies when the parties mean how incomplete applicable law. Civil Code provisions on civil behavior and the "Contract Law" General, on atypical contracts are applicable margin; Secondly, we should note is that the different types of atypical contract that is famous for the contract, the applicable law rules are different. Some of them refer to the "Contract Law" sub or any other law which is most similar provisions (the "Contract Law" Article 124), which apply by analogy, while others use a combination of say or absorb that and more. Concrete can be divided into the following situations: First, hybrid contract law apply. The so-called hybrid contract is defined by the number of contracts constitute part of the contract. It is in the nature of a contract, there are four types: (1) Typical contracts with other types of payments from that proposed by the parties to the character echoed typical contract, but still with a party from carrying other types of payment obligations. For example, a store to buy bulk wine winery B, agreed to return the barrel after use. Contract for the sale of part of the contract with the borrowing component type. This, in principle, only the main part of the contract specification, the main part of the non-major portion is absorbed. (2) type of combined contract whereby one party owed several obligation belongs to a different type of contract, the value of each other living in the same position, while the other party to treat only a single payment or negative assumes no treatment benefit of the contract. For example, A and B property law firm entered into a "charter" 10 rooms of the contract, B bears provide office room, lunch, cleaning rooms and washing duties of office supplies, A bear obligation to pay a certain consideration. Which belong to B's obligation to purchase or lease, hire various components of a typical contract. In this regard, should break down the components, respectively, for each part of the typical contract specifications and can be inferred by the meaning of the parties reconcile their diversity. (3) two heavy typical contract whereby the parties are liable for payment of the contract belong to different types of contracts. For example,2013 Football Boots Soccer Cleats ShoesNike Mercurial victory IV IC Green Red , a building served as the administrator of all B and B for free housing. Among them, the A's obligation to the provisions of the employment contract. (4) Type Fusion contract, ie a contract contains elements belong to different contractual types of contracts. For example, a half-gift meant to be worth $ 500,000 to $ 250,000 price of books sold to B library. A sale of payment and gift belong. This, in principle, applicable to two typical contract specifications: about things flaws, according to provisions of the contract of sale; press on B misconduct gift regulations. Second, simultaneous contract law apply. The so-called simultaneous contract is a contract with a mutual combination of exponential relationship. A case with a simple appearance, the number of separate contracts with only due to contracting behavior, which can not have dependencies. In this case, shall apply separately to each contract specifications. A certain attractions such as tourism, have failed to send B for repair, as well as not to delay the tour, rent a camera to a B applies. On Camera Repair, Contracts applicable rules; lease on the camera, the rules applicable to the lease contract. Another case is meant by the parties, a contract depends on the validity or existence of validity of the contract or the presence of another. If the paper companies hire their own parts plant certain furniture manufacturing company, and the acquisition of the latter's waste, as papermaking raw materials. Two inter-company lease contract, contract of sale exists dependencies. Each contract is valid up to be judged separately, but in effect, and a contract is not established, invalid, revoked or discharged, the other contracts are with her destiny. [1] Edit this paragraph classification feature 1 contract of sale is the embodiment of autonomy most comprehensive contract, contract of sale is a bilateral contract, promise a contract, do not type contract, paid contract. (2) grant contract is unilateral contract, do not type contract. 3 loan contract generally is to type contract, paid contract. 4 lease contract is onerous contract, Consensual contract. 5 Contracts for the promise into contracts, onerous contract, bilateral contract, do not type contract. 6 construction contract is to type contract shall be made in writing. 7 principles of the contract of carriage for the bilateral contract, paid contract, Consensual contract form contract. 8 Technical contract is bilateral contract, paid contract. 9 for electricity, water, gas, heat the contract 10. Safekeeping contract is the practice of the contract, do not type contract, bilateral contract.

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11. warehousing contract is a promise into a contract, bilateral contract, paid the contract, do not type contract. 12 commission contract is a contractual promise, do not type contract. 13 contract of commission is a bilateral contract, paid contract, Consensual contract, do not type contract. 14 intermediary contract is onerous contract, promise a contract, do not type contract. 15 Finance lease contracts Edit this paragraph filter certain application functions legislators contract law rules to determine its name and that famous contract, these contracts often have typical, for example, sales contracts are paid on behalf of the contract, the contract is gratuitous gift contract representatives, etc., it is also known as a typical contract. Legal provisions of the contract on the famous, mostly arbitrary terms, so not interfere with freedom of contract parties, but for the realization of the value of the pursuit of efficiency of contract law, for example, the parties may directly on the provisions of the rights and obligations related to addition and subtraction, without having to waste trading costs in the same matter repeated consultations, even if the parties based on bounded rationality contract loopholes arising from reaching complete by law, reduce legal disputes. However, national legislation famous contract is widening the scope of the contract, and some well-known contract also contains more peremptory norms,Sale Nike Mercurial Vapor IX TF Total Orange Volt Soccer Cleats 2013 , such as insurance and other insurance contract law, these provisions reflects the fair value of the contract legislation orientation, because such contracts The party or lack of sufficient information, or in an unequal position as the need for legal protection of the weak tilt. Travel contract also has this feature, "tourism as a sample can not be demonstrated, and without proper trial methods and inventory of intangible goods can not, by itself, with high uncertainty," while tourism includes food, lodging, transportation, travel, shopping, entertainment, and other content, the general traveler in a strange environment for a thorough understanding of these issues is difficult, in this information asymmetry can not be carried out on the basis of equal consultation meaningful, therefore, should be the way to correcting imbalances jus cogens interests. Famous distinction between contracts and the legal significance of the unnamed contract choice of law rules, namely the famous contract directly applicable provisions of the relevant contract, and the contract is based on unnamed "Contract Law" Article 124 stipulates that "this Law or any other law does not expressly provide for contract, the General Provisions of this Law shall apply, and reference may be this Law or any other law which is most similar provisions. "tourism business people usually offer two types of services: one for self-traveler services such as tourist information , travel route planning, immigration clearance to buy the machine tickets, booking accommodation, etc.; secondly to provide a unified travel arrangements for passengers and provide transportation, accommodation, tour guides or other related services. The former should be applied by service of a different nature were traded, delegates, and other well-known intermediary contracts be standardized; while the latter, that is narrowly defined travel contract, but contracts with a variety of well-known, there are certain similarities, such as tourism business in its own name or in the name of passenger related formalities along with other service personnel and other acts of a similar contract with the client, the broker and other contracts, but business people to arrange all kinds of trips, not bound by instructions passengers, but no reporting obligations, but also with different; business man Travellers introduction of transportation, accommodation, shopping and travel behavior and the situation is similar intermediary contract, but business people are often in his own name but also with other services associated with the main parties have been; traveling business people "attract" business and is responsible for Travel the entire process is similar to the behavior of the contract at an early German court will therefore identified as the contract the travel contract, amended in 1979 when the German Civil Code to include OBLIGATIONS VII "Contracts and its similar contract" But business people "first charge, after the reception" and the completion of the work contract contract pays the remuneration practices contrary; tourism business people to provide travel services should belong to the service contract, it will be attributed to its East German Civil Code, Chapter 4, Part 3, "Service 'under, but the service says it is not a business with the majority of services provided by the fact that contrary to the objective. Travel contract should be seen both as a commissioned broker, intermediary, hybrid nature of the service contract and the contract, and determines the specificity of the famous travel contract any or all of the contract are difficult to effectively adjust the travel contract legal relationship all content. Edit this paragraph Contract Law is divided into categories sales contract whereby the seller transfers the ownership of the subject matter of the buyer, who pays the price for electricity, water, gas, heat supply contract means the contract to supply electricity people who supply, electricity pay an electricity contract is a contract of gift donor will give their property without compensation donee, the donee acceptance of the gift contract loan contract means the borrower to the lender, repay the loan and pay interest at maturity The lease contract is a contract the lessor the lessee to use the leased property delivered, revenue, the lessee pays the rent finance lease contract means the seller lessor according to the lessee, the lease option to purchase the leased property seller, available to the lessee to use the lessee pays the rent contract contract means the contractor to complete the work in accordance with the requirements of the ordering, delivery work, and the hirer pays the remuneration construction contract is a contractor for construction, contracting pays the price of the contract, construction contract includes engineering survey, design, construction contract is a contract of carriage the carrier passengers or goods from place of departure to the agreed destination, the passenger, consignor or consignee pay the fare or transport costs contracts, including contracts passenger, freight contracts, technology contracts multimodal transport contract means the parties on technology development, transfer, consulting or services entered into by establishing their rights and obligations in the contract is the custodian custodian keeps the deposit delivered by the depositor , and eventually returns to the matter of the contract is the custodian contract warehousing storage warehousing goods goods delivered, the goods delivered by commission contract warehousing contract is a principal and the agent agree that the agent handling the affairs of the principal contract row Discipline is the broker contract in its own name for the client engaged in trading activities, the principal pays the remuneration intermediary contract is Where the broker reports to the principal the opportunity to enter into a contract or enter into a contract to provide media services, the client pays compensation contracts and contract unnamed famous mark whether the law has divided the contract specification and given a specific name. Meaning into processing these different rules would apply contract dispute: 1, for the famous contract, also known as atypical contract. Should be directly applicable contract law. In determining the law applicable to the contract when the nameless, you should first consider the general rules of contract law apply. Pursues the principle of freedom of contract Contract Law, Ohio, without violating public morality and social public interests under the premise of peremptory norms, allow the parties to enter into any of the contents of the contract. This is the principle of freedom of contract types. Accordingly, the parties entered into a contract law does not provide the Department with atypical nature of things. Moreover, society is constantly evolving, increasingly complex trading activities, the parties had the legal contract types, other innovative forms of contracts in order to meet different needs. But this does not mean that the typical and with no need to exist. Because: First, the parties are often not legal home, the incompleteness of the proposed contract, below the line often a matter of balancing interests, while the typical contract specifications are legislators on the actual existence of a mature nature and typical kind of transaction, the parties consider conflicts of interests of the state and the various possibilities to benefit obligation as a starting point the main provisions made generally reflect fairness and justice, in line with the interests of the parties. And supplemented with the typical specification agreed by the parties omissions, reaching the complete content of the contract, is necessary. Second, the typical contract specifications can be a mandatory standard, in terms of the contract harms public interests, national interests, or give the parties a serious imbalance between the interests of the state, you can use the peremptory norms of correction, thereby protecting the public interests, national interests and the legitimate rights and interests. Because of this, the principle of freedom of contract types under the provisions of the typical contract, is still necessary. Atypical contracts produced, after a certain stage of development, with a mature and typicality, the contract should be timely legislative norms, making it a typical contract. In this sense, the history of contract law atypical contract constantly becomes typical procedure the contract. [1] 2,Online discount stores On Sale Nike Lunar VII Mens Red shoes , if the contract involves some famous unknown contents of the contract, the contract shall be mutatis mutandis similar to well-known rules, referring to the economic purpose of the contract and the parties' intentions, etc. to be addressed.