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Law School held a seminar heated discussion《〈 Civil Code〉 Contract compilation is explained》
2023-12-27 15:37 Ma Xueyu 


澳门新莆京app9817澳门新莆京app981712 month14 Day afternoon, Cold Wind、 Snow is flying, The Law School of the Law School is warm, The people and business of the people and business of our college surround the just passed《〈 Civil Code〉 Contract compilation is explained》 Started a warm discussion。 This seminar is by the Party Branch of Civil and Business Teachers of Law School、 Joint Organization of the Party Branch of 澳门新莆京app9817the Department of Law and Science of Jingu College and the Ministry of Civil Affairs Law Teaching and Research Department, I 澳门新莆京app9817sincerely invite the President of the Civil Law Branch of the Tianjin Law Society、 Professor Jia Bangjun, Law School of Tianjin Normal University, make a keynote speech, Professor Hao Lei, Dean of Law School、 Vice Dean Professor Guo Minglong、 The Party Branch of the Teacher of the Civil and Commerce Law and the Teacher of the Party Branch of the Department of Law and Science, the Department of Law of Jingu Academy, and Graduate Students of the Civil and Business Law of Law School、 Master of Law澳门新莆京app9817s Graduate40 Yu people attended the seminar。 Secretary of the Party Branch of the Teacher Party Branch of the Civil Business Law、 Director of the Teaching and Research Office of the Ministry of Commerce, Professor Wang Chunmei as the host。

澳门新莆京app9817At the beginning of the lecture, Professor Jia Bangjun first expressed the excitement of lectures for the Normal University of the Normal University for many years, And said that I will continue to pay attention and learn《 Civil Code》 and judicial interpretation。 Mr. Ji澳门新莆京app9817a's words, Instantly made the teachers and students in the Spring Specification Hall as the spring breeze、 Emotional excitement。 After that, Teacher Jia mainly surrounds《 Contract compilation is explained》20765-20771、 Perfecting of contract ordering and contract validity rules:。 Generally provided in terms of contract compilation, Professor Jia pointed out《 Contract compilation is explained》 Standardized it“ Interpretation rules of the contract terms” and“ How to determine th澳门新莆京app9817e trading habits” These two provisions。 How to explain the contract terms, According to《 Civil Code》 No. 1142 Article Regulations, The explanation of the terms of the contract is right“ Significance”20901-20904, It can be divided into an explanation that has relatively unsatisfactory exponents and an explanation that has no relative meaning.。 The basis of explaining the common meaning of words and phrases, Based on the nature of the contract、 Purpose、 Habit、 Integrity Princip澳门新莆京app9817les、 Reference to the background of the contract and the process of consultation and performance behavior, Finally, 澳门新莆京app9817the court ruled。 For“ Trading habit” How to determine,《 Civil Code》 Still attach great importance to the application of trading habits。 But,《 Civil Code》 No. 110 The concept of trading habits is proposed, Types and recognition methods that do not specify trading habits, There is a pair in judicial practice“ Trading habit” Define and“ Proof” Two major problems。 Ben《21099-21103》 No. 12 Str澳门新莆京app9817ings“ Trading habit”21114-21117“21118-21134”21135-21136“21137-21139”21140-21142“21143-21156、21157-21188”21135-21136“21191-21193”。21195-21197,21198-21217,21218-21219“ One of the parties proposed by the claim assume the responsibility for proof”。

澳门新莆京app9817In terms of the improvement of the contract for the establishment of the contract, Professor Jia believes that the explanation has refined the contract for the contract、 Explanation of conforming to the rules of modern trading。 First, The m澳门新莆京app9817ain terms reach the contract to establish a contract。 It runs through the only standard for the establishment of the contract, It is established in the consensus of the contracting parties, ​​and take effect immediately; Encourage the success of transactions, Pursuing social wealth value-added; Do not easily determine the unrealistic concept of the contract。 Second, Establishing the establishment of a contract in a competitive manner。 Follow the essential requirements of fair 澳门新莆京app9817competition in the socialist market economy, Permanently through the contract method launched by the social market today, Make full use of new network technology means、 Do fast、 Convenience、 High-efficiency operation method; Prevent competition、 Under network technology conditions, 澳门新莆京app9817a contract is settled in errors in time, The situation that harms the interests of the parties occur; Volunteer pursuing civil subjects、 Equality、 Independent、 Fair、 The concept of fair value。 Third, Decision o澳门新莆京app9817f the contract、 Defense and liability for breach of contract。 Regardless of this contract or an appointment contract, The meaning of the meaning is that the contract is established and valid; Explore the true meaning of the parties in the contract, Don’t recognize the name of the contract, Remove the truth; Follow the agreement to keep trustworthy rules; The effective contract must be responsible, Otherwise, 澳门新莆京app9817non-contract。 Fourth, The identification and explanation of the format terms。 The identifi澳门新莆京app9817cation of the format terms and the provider's prompt obligation and explanation obligations of the provider, Dialectical relationships involved in equal protection and tilt protection; Use the information network to set up a contract to protect the interests of consumers, To recover the interests between the parties with intervention means。

The perfect part of the effectiveness of the contract, Professor Jia said that the identification of the contract validity is extremely complicated。 F澳门新莆京app9817irst, Surgery of social transaction relations、 Fast, High-tech technology penetrates into the contract relationship, Moreover, 澳门新莆京app9817the trading type covered by contract relationship、 The scale continues to expand, penetrate into all aspects、 spread; Second, The specifications of the current civil code applicable to the effectiveness of the contract are scattered in two places, General Principles“ Regulations on the effectiveness of civil legal behavior” Headmodels“ Contract validity”, Th澳门新莆京app9817e connection between the rules between the two, Bringing the confusion of legal applications、 Difficult to solve。 The laws of this issue in the era of contract law are different; Again, The Civil Code is established must not fight“ Goodwill third person” The system is applicable, A collision between the effectiveness system of the contract, Increase difficulty when choosing the application of legal specifications; Last, The regulations of the contract effectiveness of the civil code are too simple, Its re澳门新莆京app9817gulations are only generalized, More need to refine it here、 Establish a logical reasonable standard system, So this judicial interpretation uses large space to explain this problem。 Professor Jia explained the following two problems in this part: One aspect, Multiple contracts and reality that do not meet the same effect.。 The determination of the validity must reflect the law giving between the law“ Real meaning expression” For valid, It is also necessary to take into account whether the true meaning is 澳门新莆京app9817violated with the law of the law.、 Public order and customs to judge the valid or invalid standard of the contract。 Bai“ Yin and Yang Contract” What is“ Name does not match” Determination and processing, Then the judge is required to do it in the trial“ Through the phenomenon, 澳门新莆京app9817the essence” Material Dialectical View。 This judicial interpretation uniformly stipulates multiple contracts in the transaction, The last one is accurately; The contract change method is two: Establish the orde澳门新莆京app9817r of contracts and actual performance; Forbidden change situation, Changes are invalid, And should implement the invalidation of civil legal acts that should be adopted“ Humanism” Principles concept, Comprehensive multi-factor、 Number of behaviors、 Behavioral consequences、 Can fully talk about theory testament; Natural person forced by life, It has not caused a significant impact on social public order, 澳门新莆京app9817etc. It is not easy to determine that behavior is invalid。 On the other hand, No right to 澳门新莆京app9817punish、 Vietnam Power Representative、 Establishment of contracts for Vietnam Rights and Establishment of Charter and Signing and Establishing Contracts。 Think that it does not exist‘ Contract is invalid’ When judging the situation, Not easily judge the contract invalid; Pay attention to the connection interest balance of contract validity and property effectiveness, Promote the success of transactions; At the same time, protect the civil rights enjoyed by the assignee, Keeping th澳门新莆京app9817e liability for breach of contract without authority。 Third person interest to protect goodwill, Maintenance transaction security, Emphasize transaction“ Move” Safety priority protection, Give preferred protection of quiet safety。 If you have any mistakes, you must be held accountable, Responsibility; No mistakes, 澳门新莆京app9817no responsibility。 Jobs do not have the right to exercise; The limited range of permissions is the key; To ensure the security of the transaction behavior、 Stable。 The determinatio澳门新莆京app9817n of the contract is invalidated at the same time to have two conditions, First, there is no right to act; Second, 澳门新莆京app9817there are defects in seal, The two are indispensable; Encourage transaction to success and promote high economic development; Strive to maintain the economic operation system“ Move” Safety, Stability of the transaction order。 Disciplinary malicious string pass is; Guardian goodwill、 Opiration behavior; Maintain health、 Good social transaction order。 The principle of civil equality is als澳门新莆京app9817o reflected in the loss of transaction results, You should ask for compensation; Pursuing equality in economic benefits。

Dean Hao Lei is not afraid of the cold and cold of Professor Jia Bangjun、 Tolerance of knee pain、 Pay attention to the spirit of the frontier of law and the feelings of the teachers and students of the law of the law, 澳门新莆京app9817which is highly affirmed and thanked, Proposal Law School teachers and students should pay tribute、 Promoting and learning the spirit of dedication to the forefront of legislation 澳门新莆京app9817in time, It is necessary to lead all teachers and students of the law of law in the law of the law of the law of law, Then, 澳门新莆京app9817although the judicial interpretation does not clearly emphasize the compulsory regulations and the distinction of management compulsory regulations, But judicial practice still needs to be determined by the contract validity based on this, and the real cases in practice are explained in detail。 Vice Dean Guo Minglong continued the topic of Dean Hao, Indicates that the distinction and con澳门新莆京app9817firmation of the two compulsory regulations does have many questions in practice, Can't fully determine the effectiveness of the contract, Need to continue exploring and summarizing experience in judicial practice。 Professor Wang Chunmei also pointed out that the distinction and confirmation of the two types of compulsory regulations is a world-wide problem, All countries are trying to explore, Yes in my country。 Professor Jiao Yanling targeting explanation30 strip Third pers澳门新莆京app9817on with legal interests in performing debts, Combination《 Interpretation of the Guarantee System of the Civil Code》 Related regulations have published my own understanding。 Teacher Yu Wenping、 Teachers and Teachers of Gao Fenfen, Department of Law of Jingu College, and2022 Grade Master of Law Mo Bin Yang、2022 Master of Laws Zhou Chaofan、2023 Grade Master of Law Jiang Yanze and Wang Jingzhe also target them《 Contract compilation is explained》 Different articles talk about your own knowledge and underst澳门新莆京app9817anding。

澳门新莆京app9817Huayan first, Snowflake Hyun Dance, The atmosphere in the Laze Report Hall is getting warm。 But time flies, Symposium can only end there, But Qi Zhi Runxin, More unexpected topics stay in the law and students of the law school to continue to discuss。


 ( Wen/ Ma Xueyu Figure/ Zhao Yanyu)






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