Study On Application Conditions And Scope Of Simltaneous Contracts Rules In China

Simultaneous contracts mean a legal fact that several contracts independent of and combine with each other.Based on the correlation relationship,validity change of one contract can cause another.German Civil Law has a more mature system on this issue than other major countries’ laws.Although Article 23,24,25 of the Judicial Interpretation of Commercial Housing Sales Contracts can solve some practice problems,it is thought to be less integrated than German’s rules.This dissertation is trying to give some suggestions to make the Judicial Interpretation better and expound the writer’s view of application conditions and scope of simultaneous contracts rules in China believing “purposes of credit” and “economy integrality” requirements in Germany law is similar with correlation relationship in our theory.Meanwhile,considering legislative intent,simultaneous contracts also asks for a weak party as the common party in these contracts.This article is divided into the following four parts:The first part “Concept of simultaneous contracts” introduces the definition,name and its location of the entire civil law system generally.The second part “Foreign legislation on simultaneous contracts” focuses on simultaneous contracts rules in Germany law,Japanese law and English law,especially in German Civil Law including components,right of withdrawal and right of defense in such contracts.The third part “Legislation and practice of China” discusses the question whether China’s Contract Law is able to solve relative problems in reality,mainly from the two aspects: rescission right of contract and right of defense.Then,it explores components of simultaneous contracts from a theory view.At the last,two typical cases are given to explain the positive effect of the Judicial Interpretation of Commercial Housing Sales Contracts and important meanings of new simultaneous contracts rules for new type of trading.The fourth part “The deficiency and improvements of China’s simultaneous contracts rules” discusses the deficiency and improvements of the Judicial Interpretation of Commercial Housing Sales Contracts first.Moreover,it holds the view that simultaneous contracts rules can be only used in fields of credit consumption,financial consumption,besides which the rules may cause violation of purpose of legislation,expansion of court’s discretion and breaking privity of contracts.