What are the differences between Anglo American contract law and Chinese contract law? 10

To understand U.S. law is to a great extent to understand Anglo-American law, which already has so many unique features.

U.S. Contract Law

It is a manual that focuses on the common vocabulary of Anglo-American contract law, which refers to the general term for the rules of contract law at the federal and state levels in the United States. Among the contract laws of various countries around the world, American contract law occupies a special position. American law is a common law system.

An important member of the extended family, who understands American law, knows Anglo-American law to a large extent.

To this day, the U.S. contract law is still deeply imprinted with the British contract law. However, after more than 200 years of independent development, U.S. contract law has acquired so many unique features. Overall, U.S. contract law has more revolutionary elements than U.K. contract law.

The traditional Anglo-American theory of contract law recognizes the moral damages in tort liability.

It cannot be extended to liability for breach of contract.

Middle. However, with the development of the economy, in order to better protect the interests of the injured party, the American legal scholars and courts have broken this theory to a certain extent.

The contract is governed by lawIt is to adjust the auspicious seepage rock equalityMarket entitiesThe law of transactional relations, i.e. dynamic property relations. The formulation and implementation of the contract law in China is essential for protecting the legitimate rights and interests of the parties and maintaining the social and economic orderSocialist market economic systemThe further improvement is of great significance.

Contract law is an important part of civil and commercial law, and it is the basic law that regulates market transactions.

It involves all aspects of production and life, and is closely related to the production and operation of enterprises and people's lives. Contract law is one of the most representative private law systems, and it is also the main part of the contract rules in modern society.

It plays an important and fundamental role in the social economy, especially in commercial transactions. The basic principles of contract law include the principle of equality, the principle of voluntariness, the principle of good faith, the principle of legality and the principle of encouraging transactions.

In the United States, contract law is part of private law.

Two or more parties (natural or legal persons) on establishing, modifying or terminating civil legal relations.

agreement. This type of contract is one of the most common and important grounds for the creation of debts, so it is also called a creditor's contract. Contract Law of the People's Republic of China

The economic contract stipulated in the article falls within the scope of the creditor's rights contract. A contract also sometimes refers to an agreement in which certain rights and obligations arise. Also known as a contract. Such as the sale and purchase contract is tolerant.

Apprenticeship contracts, labor contracts.

and the contract between the factory and the workshop, etc.

A contract is a legal act between the parties.

That is, it is necessary for two or more parties to express their intentions to each other (the expression of intent is an external expression of the intention that can produce civil legal effects). The parties must reach an agreement on the expression of intent, that is, the expression of intent must be consistent. The purpose of a contract is to establish, modify or terminate a civil legal relationship.

A contract is an agreement reached between the parties under the condition that it complies with the requirements of legal norms, so it should be a legal act.

Once the contract is concluded, it has legal effect, and the relationship of rights and obligations occurs between the two parties; or alter or extinguish the original civil legal relationship. If one or both parties fail to perform their obligations under the contract, they shall be liable for breach of contract in accordance with the contract or the law.

1) The principle of equality. (2) The principle of voluntary contracting. (3) The principle of fairness. (4) The principle of good faith.

Article 4 of the Civil Code: The legal status of civil subjects in civil manuscript activities is equal. Article 5:

Civil entities engaging in civil activities shall follow the principle of voluntariness and establish, modify, or terminate civil juristic relationships in accordance with their own wishes. Article 6: Civil entities engaging in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.

Article 7: Civil entities engaging in civil activities shall follow the principle of good faith, uphold honesty, and abide by their commitments. Article 8:

Civil entities engaging in civil activities must not violate the law or violate public order and good customs. Article 465: Contracts established in accordance with law shall be protected by law.

A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Legal analysis: After the conclusion of the contract, if it is not based on the fault of the parties, there are objective circumstances that cannot be foreseen, overcome and avoided, resulting in the inability to perform the contract, repeated unrealistic behavior, and frustration of purpose, if the contract is still adhered to, the principle must be adhered to and the parties must be required to perform the contract, which is extremely unfair to the party in a disadvantageous position in the contract, and the law will not achieve the purpose of safeguarding social justice. Therefore, the contract legislation of many countries has set up an exception system for the original prohibition rule, so as to terminate the contract that has lost its fairness due to the occurrence of accidents and protect the interests of the parties, that is, the contract frustration system.

Legal basis: Article 466 of the Civil Code of the People's Republic of China Where the parties have a dispute over the understanding of the terms of the contract, the meaning of the disputed clause shall be determined in accordance with the provisions of the first paragraph of Article 142 of this Law.

If the contract text is concluded in two or more languages and it is agreed that it has the same effect, the words and phrases used in each text are presumed to have the same meaning. Where the words and phrases used in each text are inconsistent, they shall be interpreted in accordance with the relevant terms, nature, purpose, and principle of good faith of the contract.