Abstract

Info

Title:: Judicial Application and Legislative Conception of the Idea of Enhanced Obligation in Chinese Commercial Law

Keywords:: commercial law idea; enhanced obligation; judicial application; legislative conception

Abstract:: In the Chinese commercial law circle and many commercial tribunals, people have generally recognized the necessity of establishing and applying the commercial law idea, but a basic consensus has yet been achieved about its connotation and extension. To address this issue, enhanced obligation should be accepted as one of the basic ideas of commercial law, and thus the research on its judicial application and legislative conception is of great significance. In dealing with many civil and commercial legal disputes, whether the idea of enhanced obligation is applied will directly affect the effect of law application. Cases of this type usually involve: the judgment criteria of apparent agency; the legal effect of liquidated damages clause; the legal liabilities of false advertisement publishers; and the tort liability of violating the duty of protecting security. In handling the cases concerning commercial legal relations in which both sides are operators, the idea of enhanced obligation is also of great significance. In order to establish the idea of the enhanced obligation, the concepts of operator and operating behavior should be incorporated into Chinese civil and commercial law. Thus, even if the legislation of enhanced obligation fails to obtain, its intrinsic value can also be proved.