Whether the Consideration Be Suitable If Its Introduced Into China
Min Liu
Abstract
Min Liu
Abstract
Consideration is one of the particular law system which will not be suitable if it is introduced to China due to the content and the way of think about consideration,that is,an abstract principle can not be drawn because of complex specialized of applicability.Consideration denies not only the protection for interest of trust in some way,but also the liability for contracting negligence,so it conflicts with gradually-expending liability of contract.It is difficult to apply for the judges in China due to its own features.There have been similar laws and rules in our law system,which have the same function as consideration,therefore it is unnecessary for China to set up the rules about consideration.
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Consideration is one of the particular law system which will not be suitable if it is introduced to China due to the content and the way of think about consideration,that is,an abstract principle can not be drawn because of complex specialized of applicability.Consideration denies not only the protection for interest of trust in some way,but also the liability for contracting negligence,so it conflicts with gradually-expending liability of contract.It is difficult to apply for the judges in China due to its own features.There have been similar laws and rules in our law system,which have the same function as consideration,therefore it is unnecessary for China to set up the rules about consideration.
Key concepts: China, Liability, Function (biology), Law, Set (abstract data type), Business, Strict liability, Law and economics