A Comparative Study Of The Legal Systems Between China And France Business Contract

In recent years, global economy has developed rapidly, and China’s economic tradecontacts between China and other countries have been increasingly frequent, with sales ofgoods as the most basic form of transaction. Based on different national conditions andpolitical systems of China and France, the legislative principles and the state of developmentof legal systems of the two countries are significantly different. As for economic tradecontacts, transactions must be the priority among priorities, so it is quite necessary to studythe difference between the legal systems of sales contracts of the two countries. While, in theaspect of legal systems of sales contracts, both countries have their own significant features.Therefore, this paper makes an analysis with a view to the legal systems of sales contracts ofChina and France, studying the reference France can give us in legal systems of salescontracts through the comparison between the two countries in the aspect of legal systems ofsales contracts, which thereby promotes the constant improvement of China’s legal system.This article first explains the related concepts of deal contracts, because between Chinaand France comparing the course of development of the contract laws are both as well as thecurrent situation of the legal systems of sales contracts of the two countries. As for contractforms, China and France have different requirements, and France has related detailed legalprovisions for contracts in the form of electronic paperwork, and these provisions are moreconducive to safeguarding the interests of buyers and sellers in modern society where scienceand technology develop rapidly and ensuring the security of transactions. Then it makescomparative analysis of the core part of the sales contract business. By comparing subjectmatters in sales contract and the provisions for the delivery of subject matters, it points thatthe sales contracts specified by our country’s “Contract Law” should be physical trading,while under the “French Civil Code”, the scope of subject matters in sales contract is greaterthan that of our country. With respect to the comparison of related issues of the transfer ofownership in the sales contracts, our country’s “Contract Law” formulates that they should bedivided according to the delivery demarcation. However, France also stresses theconfirmation of goods, which should be delivered in strict accordance with the contents of thecontract, and should there be any mistake, the law also has some detailed remedial measures.About the contrast of the problem of responsibility for warranty of detect in sales contracts, China’s "Contract Law" only offers general provisions, while the sub-rules are relativelyimperfect. However, the legal regulation related to responsibility for warranty of detect in“French Civil Code” is quite complete, with detailed rules for the fault and relief of thewarranty. China can learn from France’s relatively sound institutional system of sales contractto improve the construction of its legal system.