2010May 28Late,Ph.D. Supervisor at Tsinghua University bet365 casino blackjack School、Professor Cui Jianyuan, Vice President of the Civil bet365 casino blackjack Research Society of the China bet365 casino blackjack Society, at Shaw bet365 casino blackjack Building316 Academic Lecture Hall gave an academic report entitled "Interpretation of Judicial Interpretation bet365 best casino gamesof Contract bet365 casino blackjack (2)",The report was hosted by Professor Wang Liping。
Professor Cui Jianyuan’s report mainly involves the issues faced in the revision and reform of the "Judicial Interpretation of Contract bet365 casino blackjack (2)"。At the same time,Professor Cui Jianyuan combines contract bet365 casino blackjack、Property bet365 casino blackjack、obligation bet365 casino blackjack and other relevant laws,An in-depth and simple analysis of the legal issues existing in several specific cases,And put forward his own opinions。First,Analysis on the requirements for establishing a contract in Article 1。Professor Cui Jianyuan pointed out that there is a large theoretical controversy in the quantity and quality of the target,Through the analysis of specific cases,He believes that the quantity and quality of the subject matter are a problem,Because the quality is included in the subject,The unification of rights and obligations is determined by the subject matter,However, if the specific quantity is not specified, it will cause relevant legal issues。Also pointed out that in recent years, it has been influenced by the theory of foreign civil and commercial bet365 casino blackjack,The classification of relevant legal subjects has also undergone new changes。Secondly,Contract bet365 casino blackjack involves sealing and related issues。Professor Cui Jianyuan starts with specific cases,Prepare the legal person’s seal to the bank、The question of whether the use in insurance institutions Best slot on Bet365should be specialized。Subsequently,Also reminds everyone through relevant cases that you should not stick to the rules in important transactions,Simply abide by the content of the standard contract and seal and perform the agreement,Specific terms should be added according to the actual situation,Only in this way can the agreement between the parties be given priority in the resolution of disputes,Avoid unnecessary losses。At the same time,He emphasized that standard contracts should be further recognized as format contracts,Apply relevant provisions of contract bet365 casino blackjack to effectively protect the rights and interests of the parties,It is also recommended that the statute of limitations be calculated two years from the day after the judgment takes effect,To better respond to the needs of real cases。Third,Discussion on Liability for Contractual Negligence in Article 8 of "Judicial Interpretation of Contract bet365 casino blackjack (2)"。First,Professor Cui Jianyuan believes that in addition to Article 3 of the Contract bet365 casino blackjack42、Relevant provisions of Article 43,Article 58 of the Contract Law should also be used as the basis for handling liability for negligence。Then,He specified the scope of application of negligent contracts involved in Article 8,And analyzes practical issues in foreign-related equity transfer contracts with examples。Although behavioral debts cannot bet365 casino blackjackbe directly enforced,However, indirect coercion and substituted obligation measures can be used in court judgments to handle relevant cases to protect the reasonable rights and interests of the parties。Last,Opinions on handling the problem of too high or too low liquidated damages。Because the observant party has difficulties in providing evidence,Professor Cui Jianyuan believes that parties can take legal and effective actions to shift the burden of proof,To protect the realization of one’s own rights and interests。
Report last,The students spoke and asked questions enthusiastically,bet365 casino blackjack gave answers and responses。Professor Wang Liping gave a brief summary of this report。bet365 casino blackjack’s detailed report,Won rounds of applause from teachers and students,His wonderful report broadened everyone’s academic horizons and provided useful inspiration。