Study On The General Provisions Of Service Contracts

With the socialized division of labor,people's professional and professional also tend to be fine,no longer the original social self-sufficiency,tods boots life model,the need for other people to provide services and services gradually increased.The wisdom and behavior of others are the extension of our minds and limbs,enabling us to achieve our pleasure and goals in a limited life journey,and because of this,professional services highlight their due value.Service industry drives the rapid development of economy,service contract has swept people's work,life and study space with unprecedented situation.Although the service contract is an unnamed contract in China,there are a lot of scholars for it,just like it has become a kind of independent,and the voice of the naming of the contract has come one after another.In China's contract law,whether to make a clear definition in the law and regulations and whether to be given a specific name as standard,the contract is divided into well-known contract and nameless contract.No contract,also known as atypical contract,as the name suggests,the law has not specified,nor has a certain name been given a contract.At present,there are 15 famous contracts in the contract law,service contract is a new type of nameless contract,involving the wide range of fields,affecting the daily life,and regulating it more and more important.China's famous scholar Xu Guodong,in his book " green civil code ",the real estate management contract,funeral service contract,postal contract,medical contract,accommodation contract,savings contract,credit card contract,interactive computing contract,tourism contract sub-chapter law in the eighth part.Based on the need of practice,many civil codes abroad have the research on the legislation of service contract,and use the typical service contract to build the model of general specification of service contract,but in any case,the emphasis of the theory on service contract.This paper first affirms the necessity of the service contract,from the space of Shi papers,if research each type,is a huge project,this paper focuses on the service contract,and proposes to have this chapter in the future civil code.In this paper,using the typed research,from many specific service contracts to extract common,form general provisions.This paper is divided into six parts,focusing on the content of general provisions of service contract in China,and how to select the basic type of service contract,how to extract general rules from the existing norms.The first part is the introduction,mainly introduces the research background and the reason and significance of this paper,expounds the research basis,literature review and research ideas and methods.This part is a foreshadowing for the full text,lays the foundation for later writing,and gives the research ideas and methods,makes the writing more smooth.The second part defines the concept and significance of the general provisions of service contract,and also briefly expounds the concept and value of service contract.The third part focuses on the related legal system of service contract legislation in developed countries,and puts forward the enlightenment and reference of the extraterritorial legislation model.The fourth part focuses on the recommendations of domestic scholars to the general provisions of service contract,through the detailed elaboration of these different legislative models,analyzes the advantages and disadvantages of different general provisions,and obtains the and servicesm model is the best choice.The fifth part summarizes the general rules of service contract,including contract obligations,contract performance,liabilities for breach of contract,contract rescission,service contract format clauses,and select key points to provide scientific and reasonable ideas for the future of the general rules.The sixth part is the conclusion,the prospect of the future,as a civil law student,trying to hope the introduction of the civil code,hoping to see the general provisions of service contract in law of obligation.In view of the limitation of time and space,the specific service contract is not deeply involved,the in-depth discussion of specific service contract requires the study of latecomers,together to promote the perfection of the whole civil code.