范宽溪山行旅图临摹:Contract Law Syllabus

Contract Law Syllabus

Mo Shenxing

    Contract law is the Basic Law of the market economy, is an important part of civil and commercial law. Contract law regulated by contracts with the production, the lives of the people, is a legal means of production, indispensable to life. People's daily living, production and management of legal persons, a country's scientific and technological progress, increased wealth, international economic exchange cannot be separated from contract law. Contract law code for market players and economic behavior, maintain market order, and to promote economic development, and plays an irreplaceable role. While contract dispute, are also prevalent in people's lives, how to resolve disputes, contract disputes, lawsuits, also became the face of challenges.

   Contract law has both deep theoretical basis and closely linked practice, is a course in theory and practice are strong. With goals of the school of  the education training talents, contract law provides a good module. Therefore, contract law can become a good example to achieve this goal. Contract goals are also created in the course of theoretical knowledge of law and applies the theory to the practice of practical skills. As law professional courses of contract law is a door very important of courses, bear with in people law zhihou continues to tamp student people commercial law theory and knowledge, enhanced student using legal capacity of task; public selected class contract law bear with for student taught provides market transactions general knowledge of task, market economy conditions Xia, master contract method knowledge on everyone are is necessary; illegal learn professional elective courses of contract law is can to student provides and professional related of contract rules and legal knowledge.

   Position of contract law and objective: to bear after civil law theory and knowledge continues to strengthen students ' civil and commercial law and strengthen students ' use of legal responsibility.

    Overview of contracts including contracts and contract law, the establishment of the contract, the effectiveness of the contract, the performance of the contract, contract changes, and lifting of preservation, contracts and warranties, liability for breach of 25 units of contract on the contract, gas heat with electricity supply contracts, including contracts, loan contract, contract of gift, the contract of carriage, custody contract, delegates, contracts, broker contracts, technology contracts and other

    Law contract law courses focus on contract is made, the validity of a contract, the performance of the contract, liability for breach of contract law, such as general contents, as well as the sales contract, lease contracts, contract, grant custody of the contracts, contract law, such as the content of the contract. Difficulties main is: contract of offers and commitment, and contract of effect, and contract fulfil of guarantees, and defaults responsibility of forms and bear, and sale contract of ownership transfer and risk burden, and betrayed people of flaws guarantees obligations, and leasing contract in the of priority purchase right, and contract contract of risk burden, and financing leasing contract in the rental people of obligations, and delegate contract in the clients of intervention right and third people of select right.

Contract law teaching content and key points of each chapter:

Chapter I overview of contracts and contract law　

Teaching aims and requirements: through the study of this chapter, it should be mastering general concepts and legal characteristics of the contract, can be understood on the basis of the fundamental principles of contract law, analysis and application of these principles for dealing with specific contractual relationship.

To clearly differentiate between the various different legal nature of the contract, and determine the different nature of the rights and obligations under the various contract relationships. While dealing with the contract and the nature of the status and general understanding of the development of the legislation.

Focus and difficulties: the classification of the contract

Teaching content:

　　Section I contracts overview

　　Section II of contract law concept

　　Section III classification of contracts

　　The fourth section, basic principles of contract law

Chapter II of the contract entered into

Teaching aims and requirements:

　　1, familiar with the contract entered into legal effect of the program and the formation of contracts;

　　2, master offered commitments in the fundamental and basic concepts of the system;

　　3, master the elements and necessary provision of various forms of contract theories;

　　4, understand the concepts of standard contract in particular, its characteristic;

　　5, know the concept of fault and its constituent elements.

Difficulty:

　　1, standard contract and terms of regulation;

　　2, the liability and the liability for breach, and the difference between tort liability.

Teaching content:

　　The formation of contracts for the first section of the program

　　Section II contents and form of contract

　　Section III formation of contracts for the time and place

　　The fourth section of standard terms

　　The fifth section of liability

Chapter III, the validity of a contract　　

Teaching purpose and requirements: 1, and difference contract of established and contract of entry into force of two a different concept; 2, and get effect undecided contract of concept, and familiar collection will right and ratified right system; 3, and master table see agent of concept features and constitute elements; 4, and master invalid contract theory and contract invalid of statutory scenarios; 5, and master can revocation and can change of contract of theory, understand contract revocation and change system

Difficulty: two contract with uncertain effectiveness is case sensitive.

Teaching content:

　　Section I contract overview

　　Entry into force of section II of the contract

　　Section III contract pending

　　Contract in the fourth section is invalid

　　The fifth section contract amendment and cancellation

The fourth chapter of the performance of the contract　

Teaching aims and requirements: through the study of this chapter, you should fully understand the contract on the basis of the principle of the use of its detection and handling of contractual disputes. To accurately while exercising the right of defence and defence rights, right of subrogation four kinds of civil rights and the right to revoke the meaning and application of the conditions and to the basic understanding of legislative purpose and effects, and the procedural and legal consequences of their application. Familiar with the special bond guarantees under the premise of the five ways of applying its principles as a contract to guarantee resolution of warranty disputes.

Difficulty: three kinds of scope of the right of defence; subrogation rights and the right to revoke the applicable conditions contract guarantees.

Teaching content:

　　Section I contracts overview

　　Right of defence in the second section bilateral contract fulfilment

　　Debt-General Security-section III-contract protection

　　The fourth section debt guarantees

The fifth chapter of liability for breach of　

Teaching aims and requirements: through the study of this chapter, requires liability concept and types of; liability for breach of constituent elements; overview of liability for breach of, program content and liability disclaimers and remedies for breach of laws; timely breach of contract and tort liability law applicable to the main content. 

Difficulty: Disclaimer of liability for breach of the subject matter and application of the doctrine of change of circumstances.

Teaching content:

　　Liability for breach of the first section of the concept and nature

　　Section II imputation of liability for breach of the principle of

　　Section III of breach

　　The fourth section in the form of liability for breach of

　　The fifth section of liability

　　The sixth principle of change of circumstances

Chapter sixth contract change, transfer, discharge and termination　

Teaching aims and requirements:

 1, mastering change concepts, requirements and legal consequences of the contract, understand the change that is changing the relationship between rights and obligations of the parties of the contract, as well as understand the relationship between rights and obligations of the parties who will bear the corresponding property liability problems after changes.

2, master basic contents, conditions and legal consequences of the transfer of the contract, understand the relationship between rights and obligations arising from the transfer of the contract, as well as the changes caused by problems of property who should bear the responsibility.

3, a comprehensive understanding of the concept of termination of a contract and causes, accurate legal and contract conditions and exercise of the right to terminate. 4, in the comprehensive understanding and a clear distinction between the discharge, deposit, confuse, offset, exemption from various reasons for termination of the contract on the basis of specific grasp their respective applicable conditions and requirements.

Difficulty: the assignment of the contract, contract of statutory release; the contract deposit.

Teaching content:

Section I contract changes

Section II contract of cession and assumption of debts

Section III contract termination

The fourth section of contractual rights and obligations of terminated

Chapter seventh sale contract

Teaching aims and requirements: through this chapter learning, students should be comprehensive, focused on mastering trading types and contents of contracts; the sale of rights and obligations of the parties to a contract; the sale transfers the ownership of the subject-matter of the contract and the burden of risk, the sale of special provisions for contract termination, special meaning of the trade. Understand the concepts and features of the contract of sale, special sale legal provisions. Note sale contracts and lease contracts for difference.　

Difficulty: subject-matter of passing of risk, and sell quality guarantees and guarantees the rights of the party, special sale.

Teaching content:

　　Section I contract of sale overview

　　Section II validity of the contract of sale

　　Section III special sale contract

　　The fourth section House dealing contract

Eighth chapter for the contract with the

Teaching aims and requirements: through the study of this chapter, it should be comprehensive and focused on mastering power supply of the contract and the rights and obligations of the parties. Simple to understand for water, gas, heat, contract. 

Difficulty: for contract and general business contract compared to the particularities of

Teaching content:

　　For electricity, water, gas, heat, the first section contract overview

　　Section II power supply contracts

Section III of some issues on several other permitted public supply contracts

The ninth chapter donation contract　

Teaching aims and requirements: through the study of this chapter, should focus on understanding and grasping an important part of this chapter, that revocation of the validity of a contract, grant contracts of gift, special gift types and meanings. Understanding the concept of donation contract, legal characters. Note that make form of donation contract.

Difficulty: contract of gift of statutory release　



Teaching content:

　　Section overview of the donation contract

　　Gift section II validity of a contract

　　Section III characteristic gift

The fourth section termination of the grant contract

The tenth chapter of loan contracts　

Teaching aims and requirements: through the study of this chapter, you should grasp the concept, the legal characteristics of the loan contract, the contract's basic contribution; borrowing rights and obligations of the parties to a contract.

Focus: relations between contract law and the Commercial Bank Act.

Teaching content:

　　Overview of the first loan contract

　　Section II Bank loan contract

Section III civil loan contract

11th chapter of lease contracts

Teaching aims and requirements: through the study of this chapter should grasp the concept of a lease contract, features; lease contracts and legal effect; basic contents of the leasing contract. In their study of attention to the contract of lease contracts and lease financing.

Difficulty: financial leasing contract rights and obligations of parties　

Teaching content:

　　The first section overview of the leasing contract

　　Section II validity of the lease contract

　　Section III of the leasing contract modification and termination

　　The fourth section finance leasing contracts

Outcomes of the 12th chapter of completion of the work contract　

　

Teaching aims and requirements: understanding the concept, the legal characteristics of the contract, as well as the special provisions of the contract; master contract the parties ' rights and obligations, liens, assume the risk of crop; clear processing contract types; understand the concept, the nature and type of construction contracts; clear construction liability of the parties to a contract.

Difficulty: Contracting for construction contract and subcontract

Teaching content:

　　The first section of contract

　　Section II of construction contract

The 13th chapter of labor contracts　

Teaching aims and requirements: master the concepts and features of the contract of carriage; the rights and obligations of the parties to the contract of carriage; master the concepts and features of deposit contract; contract of custody rights and obligations of the parties; master the concepts and features of the storage contract; Warehousing contract rights and obligations of parties; master the concepts and features of the principal contract; appointment of rights and obligations of the Contracting Parties; master the concepts and features of contract; contract rights and obligations of the parties; master the concepts and features of the brokerage contract; a brokerage contract rights and obligations of the parties.

Difficulty: the distinction between contract and intermediary contract

Teaching content:

　　The first section of the contract of carriage

　　Sect custody contract

　　Section III storage contracts

　　Fourth Commission contracts

　　The fifth section contract

The sixth section brokerage contract

The 14th chapter technology contracts

Teaching aims and requirements: understand technical concepts and legal characteristics of the contract; note that the technology contract types and their characteristics; the mastery of technology main rights and obligations of the parties of the contract. Difficulty: both the judgment of the breach and legal accountability.

Teaching content:

　　Section technology contracts overview

　　Section II technology development contract

　　Section III of the transfer of technology contract

Fourth technical advisory contracts and technical services contract

Monday, February 21, o them one by one the second.