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The Reach Of Debtor-creditor-supplier Relationship

Posted on:2015-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:K GuoFull Text:PDF
GTID:2296330467954232Subject:Law
Abstract/Summary:PDF Full Text Request
Property buyers who wants to buy a commercial house generally do not haveenough money for a one-time payment so they need to make a loan contract with bankas well as the sale contract with developer.Because there are two contracts intransaction of this kind,the buyer would take more risk in the business.Accolading tothe judicial interpretation of commercial housing sales contracts published by thesupreme court because these two contracts affects each other,when one of thesecontract is dissolved, the other would also be affected.In germen law the relationship of these contracts is called debtor-creditor-supplierrelationship.Buyer in this kind of relationship has the right to withdraw his declarationof intention. When he does so,both of the contract would lose constraining force.Though the judicial interpretation of commercial housing sales contractspublished by the supreme court is similar with germen law,there are still somedifferent in the identification of debtor-creditor-supplier relationship.while germenlaw attach more importance on personal willingness Chinese law pays attention to thecontract.Contrast between germen law and Chinese law about the debtor-creditor-supplierrelationship will be discussed in this article in order to find the difference between two law system and provides a reference for legislation.
Keywords/Search Tags:Breakthrough of contract relativity, Master-slavecontract, Associativity
PDF Full Text Request
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