nyenaceyg
Dołączył: 13 Gru 2010
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Skąd: England
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 Wysłany: Nie 7:57, 03 Kwi 2011 Temat postu: Nature of the contract and the contract is formed |
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Nature of the contract and the contract is formed elements
And so provides no capacity for civil conduct that independently contracts entered into simply profitable. I can not agree with this view. The basis of As no civil capacity does not have the capacity for civil conduct capacity not Juyou means, therefore, no capacity for civil conduct is not independent of intention to implement the elements of civil acts, and they must participate in civil activities, only by his legal An agent involved. Contract as a civil act, contractors set up elements of its intention, no capacity for civil conduct capacity does not mean, and if He Nengwei said the independent contract means? This is not justified in law. The judicial interpretation of the Supreme People's capacity for civil conduct is not recognized in net profit in the contract entered into an interesting ability that capacity for civil conduct, but proceed from the principle of good faith, confirm the human capacity for civil conduct a pure profit of the contract party in effect, restrict the other party is no party to the relative capacity for civil conduct and argue the contract is invalid. Legal basis in the law should be presumed that the contract is no capacity for civil conduct of legal representatives agree, with no capacity for civil conduct of legal representatives of their agency the same effect as a civil act. It should be noted that the Supreme Court's judicial interpretation is to limit the other party only to the relative is a person without capacity for civil conduct and argue the contract is invalid. But not limited capacity for civil conduct free legal representative claims the contract is invalid from a legal perspective, even the capacity to do without people 6 people a pure profit of the contract, no capacity for civil conduct as long as the person's legal representative is conducive to the fundamental interests of the principal, is a party to the contract (one to be guardian) is no capacity for civil conduct and argue that the contract does not hold, invalid and without legal capacity to return benefits to be derived. means that the contract can not be independent. Second, the contracting parties must be relative to the contracting parties to mean that the contracting parties shall mutually intention. Although the contracting parties if the intention, but it is relative to the contracting party other than the worth of others, not for the relative contracting parties know, the contract can not be established. Third, meaning that the contents of the contracting parties should be established with the relative, change or terminate civil rights and obligations, and is determined. If the contracting parties means that the content is not relative to side with the establishment, change or terminate civil rights and obligations, such as A, B and go for a walk with two similar, go swimming, then A and B can not be established between two of the contract, or that it contract agreement can not be called species. Means that the contracting parties should also determine the content, otherwise the contract can not be established. Such as A, B means that the two sides to establish mutual trade relations, but no means to determine the subject of representation, meaning that the content due to uncertainty, A and B does not hold the contract between the parties. Some scholars have identified as the subject of the effective elements of the contract. I have a different view. If the parties in each other means that did not identify the subject, you can not determine the rights and obligations between the parties pointed to the object, the contract can not be established because of a lack of subject matter. Entry into force of the contract, the law has been established between the parties approved a contract to confirm compliance with the Essential Elements of civil legal act, which legally binding between the parties concerned. If the meaning of each other between the parties that there is no clear target, the contract does not hold, there is also no recognition of national laws on the contracts issue. Three soil dug from about popping show - To, that is, only the contracting parties into the spider division agreed that the meaning of the relative side, the contract can be established. Contract is two or more parties to civil actions, the parties of the agreement is the essential characteristic of the contract. Any party on the relative side means that not agree, the contract can not be established. Two or more parties enter into a contract, provided they have the three elements of contract shall be established, that the contractual relationship between the parties concerned. As to whether the contractual relationship protected by law if the parties have legally binding, it is the validity of the contract. Contracts established by law, that the contractual relationship with the law of force elements, that is a valid contract,[link widoczny dla zalogowanych], this contractual relationship protected by law, legally binding between the parties concerned. On the contrary, a contract is not a law, that law force does not have the elements of the contract, the contract is void or voidable contract or effect pending contract. Port Editor: Hong Shuo
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