十二月 9, 2019

英语论文代写-《合同法》第十三条的分析

本文是对《合同法》第十三条的分析,《合同法》第十三条规定,订立合同的当事人应当接受要约和承诺。与英国等其他国际合同法不同,中国合同法没有对价。摘要中国合同法从要约接受的角度来处理悬赏广告,期望表现出合同当事人对合同成立感兴趣的意向。要约人的意思表示必须是具体的,当受要约人基于该意思接受要约时,要约人受该意思表示的约束。因此,当要约获得报酬时,同样的合同义务将占上风。本篇英语论文代写文章由英国论文时Essay Times教育网整理,供大家参考阅读。

Under article 13 of the contract law, the parties that are forming a contract will be accepting the form of offer and acceptance. Unlike other international contract law such as the United Kingdom, Chinese contract law does not have consideration. While treating an advertisement for reward under the offer-acceptance perspective, Chinese contract law expects a manifestation of intent which indicates that the contractual parties are interested in the contract formation. The contents of intent have to be concrete and the offeror will be bound by this very manifestation of intent when an offeree accepts the offer based on this intent. So when a reward for an offer is made the same contractual obligations will prevail.
In the law of the United Kingdom, the intent is determined by means of subjective and objective tests. The use of subjective and objective tests ensures that the offeror reasonably agreed to the formation of a contract. Chinese law does not have any such tests. However, on the lines of the same debate, Chinese law argues as to whom the offer has to be made. “The centre of the debate is whether the offer must be made to a specific (or identified) person. One opinion is that since an offer indicates the offerors intent to make a contract, the offer should be made to the specific person with whom the offeror wishes to deal, or otherwise it would not be deemed as an offer. The opposite opinion takes the view that the offeree may not have to be specific because in a market economy when the fair competition is the goal to achieve, an offer should not necessarily be limited to the specific person.”
. Hence,according to scholars such as Wang Liming, Robert Scott and Judy Kraus Chinese law may use an advertisement as contract perspective in some cases (Li Min v. Zhu Jinhua and Li Shao Hua). However even when a reward advertisement is treated as a normal contract there is an ambiguity on how the contract can be accepted, should the person to whom the contract offer is made out must be known in advance, or should it not be known. This ambiguity exists even when advertisement for a reward is from a noncommercial standpoint. The next section discusses the advertisement for a reward from a noncommercial view point (A commercial viewpoint is taken to mean that an advertisement for a reward would go on to become a bilateral contract between two parties).

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