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Wang Liming: On the Function of Organizing Economic Activities of Contract Law

Abstract

The concept of organizational contract refers to the phenomenon that contracts are used as instrument to organize complex economic activities in place of corporations and other forms of legal entities. The widely use of contracts in production, distribution and nearly all business areas identifies the fact that contracts not only play a vital role in spot or single exchanges, but also in relational or corporative undertakings, which in the past received less academic and legislative attention than it deserves. This paper clarifies the function and the mechanism that contracts are used to promote mutual interest of the participants and the need of gap filing in the future legislation to recognize such new aspect of contract law, which would deeply change the way people understand, design and interpret contract.

Keywords: Contract Law; Organizational Contract; Long-term Contract; Relational Contract ; Contract Networks

From: Tsinghua Law Journal 2017(1).

Edited by: Han Dongsheng

 
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