Research On Legal Issues Of Long - Term Contract

British and American scholars have long-term contracts in order to facilitate long-term study appears in a series of transactions during contract performance issues due to the nature of the transaction and caused long-term, and that type of long-term deal collectively. Contractual issues unique to long-term contracts appear to involve more private investment in large-scale project construction contracts, franchising contract, the long-term supply of raw materials or energy contracts and other bulk of the commercial contract, and therefore the above-mentioned long-term contracts more representative studies. Economics and Sociology In this paper, comparative law research and analysis methods, to set up long-term contracts with the typical issues of compliance in the process of contract often producing, analyze the causes of contractual issues and sum up the adjustment and settlement of contractual issues that may face legal barriers. By comparative analyzing the two legal systems, compared to China’s current rules of contract law apply to legal issues, and put forward additional proposals for special rules applicable to long-term contracts on legal issues.Thesis consists of four chapters:The first part outlines the long-term contract as a whole, since the long-term contracts to generate and defining addressed, introduce long-term contracts of three characteristics:long-term duration, relational and incomplete. By Analyzing of the relationship between long-term contracts and relational contract as well as the relationship between long-term contracts and continuous contract, deepen understanding of long-term contracts, and elaborate the development of long-term contracts to the impact of principles of traditional contract law.The second part is about long-term contracts often being incomplete contract. Entered into long-term contracts incomplete summary of the contracting parties by arrangement with the terms of the purpose of arrangement, analyzing of Contract flaws caused by incomplete contract and legal obstacles facing the applicability of flexibility clause.Then propose to fill loopholes in our current contract rules applicable to recommend long-term contracts to fill specific gaps in time.The third past is in summing up the long-term performance of the contract negotiation process, the parties on the basis of the type of adjustment and the normalization of the economic reasons. Analyzing Litigants whether the law recognizes the change and whether the law can be adjusted contract, and then put forward specific recommendations applicable to the use of "PRC, contract law " 78 and the principle of change of circumstance.The fourth part is about the long-term contract rescission. Since considering the particularity of long-term contracts, put forward suggestions about the application of dissolution by appointment, dissolution by statutory and the retrospective effect in the long-term rescission.