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New Textual Research On Principle Of Liability

Posted on:2014-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:L SongFull Text:PDF
GTID:2256330425971639Subject:Law
Abstract/Summary:PDF Full Text Request
In the near future grass-roots court civil trial practice, Gradually I found such a problem:There are many aspects about rural housing grant contract dispute cases among the grass-roots court receives the case in recent years. Mainly for the:If the housing does not handle the transfer procedures, how to define the validity of housing grant contract; if the housing has to transfer procedures and found housing grant contract not being established that how to define the validity of housing grant contract. This prompted the author of the problem of rural housing grants validity of the contract had generated new thinking and knowledge test.Grant contract is essentially a typical gratuitous contract, it can be said that the donor gratuitously gave his property to the donee, and the donee is clear that the acceptance of the gift. In this process, the donor material assumed the obligation to deliver the gift, and the donee is entitled to accept the gift in addition to the right to object, but Needless to any obligations outside, so in order to balance between the donor and the recipient’s interest, our contract France is the donor gives any right of withdrawal, the purpose is to compensate for the donation contract services of a single defect. But in the process of judicial practice ground, we gradually discovered such a problem, arbitrary withdrawal right system for any damage to the donee donor trust interests laid endless problems. Grant contracts are generally concluded with certain feelings and moral-based, to some extent, it also plays a gentle re-distribution of property together social atmosphere, reducing the role of social conflicts. It is in today’s society, though not the main form of transfer of ownership of property, but its presence also has some positive significance. Therefore, we must overcome the targeted grant any right to revoke the contract system, lack of trust on the grant contract to protect the interests of improving aspects of the legislation, which seeks limited resources and unlimited pursuit of interests between the perfect combinations.In the grass court practice, rural housing grants because of the dispute diverse acts, such as the validity of the contract dispute confirmation housing grant, revoke housing grant contract disputes and so on. Most disputes in rural housing grants because the donor and the recipient’s body as special and different from other types of gift features. So deal with similar disputes, asking the judge not only examine their laws and jurisprudence, the need to explore one of the reasons, such as folk customs. Contract for rural housing grants particularity, the parties agreed the gift in rural houses, the donor must be in time for property transfer procedures, and to prevent the party regrets over time may cause damage to the interests of their own dependency. Meanwhile, we lower courts in the trial practice, we should strive to explore the effectiveness of rural housing grant contract disputes real roots, to avoid loss and waste of social wealth, and continuously improve judicial efficiency and achieve justice.
Keywords/Search Tags:Rural houses, The donation contract, Effectiveness
PDF Full Text Request
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