2005Fazhi yu shehui fazhanRequires access

Study on Subjectivism and Objectivism in Contracts

Dong Biao

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Abstract

Subjectivism and objectivism in contracts has been going through the developing history of contract law. At various historic stages, subjectivism and objectivism had different status, they foremost subject to the requirements of politics, economics and others. The relationship between subjectivism and objectivism is not that of exclusion, but that of integration. None of main versions of civil code or contract law wholly embodied subjectivism or objectivism. It is not necessary also for our Country's future civil code to select one from among two poles, but should integrate these two poles.

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What this paper is about

Subjectivism and objectivism in contracts has been going through the developing history of contract law. At various historic stages, subjectivism and objectivism had different status, they foremost subject to the requirements of politics, economics and others. The relationship between subjectivism and objectivism is not that of exclusion, but that of integration. None of main versions of civil code or contract law wholly embodied subjectivism or objectivism. It is not necessary also for our Country's future civil code to select one from among two poles, but should integrate these two poles.

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Available abstract

Subjectivism and objectivism in contracts has been going through the developing history of contract law. At various historic stages, subjectivism and objectivism had different status, they foremost subject to the requirements of politics, economics and others. The relationship between subjectivism and objectivism is not that of exclusion, but that of integration. None of main versions of civil code or contract law wholly embodied subjectivism or objectivism. It is not necessary also for our Country's future civil code to select one from among two poles, but should integrate these two poles.

Key concepts: Subjectivism, Objectivism, Law, Epistemology, Embodied cognition, Political science, Sociology, Philosophy

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