Dissertation > Political, legal > Legal > Chinese law > China and France > Contract Law

Analysis of Expression of Intention and Interes of Parties to Contract

Author LvZhiBin
Tutor JiaDengXun
School Lanzhou University
Course Legal
Keywords Contract Parties Meaning that the true Hidden behavior
CLC D923.6
Type Master's thesis
Year 2011
Downloads 37
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In May 1994 , He Xinlan Gansu Province, construction and transportation companies signed a content contains transaction ownership housing \After provisions of the lease contract of more than 20 years partially invalid due to take effect in 1999 , \Then Gansu Province Construction and Transportation Company v. He Xinlan to court for this reason . Case after two trials , the final declaration He Xinlan losing . I believe that this decision out of the rigid application of the law bars only , no combination of objective facts accurately understand the true meaning of the contract parties . To be the contractual parties intention to do theoretical analysis to this article . Text of six chapters , specific ideas First, make sure that the parties to a contract Contracting contract with the real meaning of the buying and selling houses . Secondly , finds the meaning of rental housing in the contract , said untrue . Again , discusses the contract the parties intention freedom of form , in order to ensure that the substance of the contract for the sale of real and effective . Specifically described as follows: The first chapter focuses on the merits detailed description , and focus on an objective analysis of the facts of the case . On this basis that the support He Xinlan party 's position , and thus extended the contract parties intention of this this article argument . The second chapter describes the meaning of that real concept and theory , and relevant theoretical research and assessment . And thus make a judgment on the parties of the contract in this case the true meaning of the buying and selling houses . Introduced the meaning of that the unreal concept and four forms specific to the circumstances of the case , identify the parties to a contract on the lease mean unreal unreal form of the analysis of four kinds of meaning . And discusses the meaning of that is untrue applicable in the administration of justice . Chapter III of the the intention form of discourse and analysis , certainly in the case accurately determine the circumstances of the parties to the contract meant Parties to the choice of the form of contracts , freedom and legitimacy .

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