山东科技大学本科毕业论文
logic of relations, this time, Longitudinal gives perpetrator pay claims, then theoretically not be possible to justify. And mining contract to the next, advertisers can make people in relatively formal commitment before the withdrawal or revocation, change the contents of the offer, which is obviously detrimental to relative person. For example, \Code\states: \for an act causing a certain result and reward for the person, the obligation to implement the behavior of who paid, even if the behavior fails to take into account the implementation of reward advertising and behavior, as well. \article in the\too \the most powerful argument discussed above. Thus, it avoids the perpetrator at the time of completion of bounty reward behavior I do not know the content of advertising and advertising people refuse to pay compensation issues.
2.the use of unilateral acts of civil law that allows limited capacity, no capacity after completion of advertisement specified behavior, you can also enjoy remuneration for advertising claims. However, if the use of contracts that it limited capacity for civil conduct and not even completed the behavioral ad targeting, since it will no contractual capacity, and thus ineligible commitments, contracts can not be established between them and the advertising, Of course it can not enjoy the rewards of advertising claims, this is not conducive to protecting the interests of the limited capacity and no capacity for civil conduct of.
3.if the reward advertising as a separate civil legal act, any person designated by the completion of the ad behavior will conduct a fact, not a legally meaningful commitments behavior. Thus, as long as the relative who completed the designated act that is enjoyed advertising claims paid, without having to
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山东科技大学本科毕业论文
prove the existence of accurate and commitment of time and other issues under what circumstances an effective commitments, and thus greatly reduce the relative person at the time of the claim the burden of proof. Such as the use of contracts that do not pay when the ad remuneration, the burden of proof borne by the perpetrator, then the burden of proof is not reversed, thereby increasing the burden on people's behavior, certainly not improve the behavior of people's enthusiasm will eventually lead to the Lost was hidden, the society will be a great negative impact.
4. if the contract that would produce a very complex problem that after the completion of the specified behavior relative who can apply while fulfilling the defense rights. According to the contract that specifies the behavior of a relative who already completed your commitment, the two sides established contractual relationships, such party does not pay the remuneration specified in the contract constitutes a breach of contract, the other party is entitled to refuse delivery to complete the assigned behavior results. I believe that the adoption of the contract say applies with the fulfillment of the right of defense is not appropriate. Lost money and others as a person, according to the law obliged to return the owner, otherwise it will cause unjust enrichment, even if the owner Failing to push advertising content paid, finders shall not exercise the right of defense at the same time fulfill.
3.2 Unilateral acts of civil legal significance
1.maintain transaction security.
In the case of \that the commitments on the doctrine of opinion is not uniform. There are certain behaviors considered before embarking on interesting that the 24
山东科技大学本科毕业论文
commitment is there; some scholars believe it means to proceed for certain commitments; otherwise think after a certain behavior is completed, another meaning expressed by the commitments; Some scholars believe to be The complete results of post and Advertising certain acts, beginning to have a commitment. Disagreement, inconclusive. The use of unilateral acts of civil law, said when the adman indebtedness to irregular conduct a complete, namely happen. Simple clear the relationship, and also close to the community through the study, for transaction security, real helpful. Thus, more simplicity social efficiency, social transaction costs, and thus more able to mobilize the enthusiasm in favor have been more beneficial to advertisers and behavior of people, in order to form a good social order. 2.to comply with the principle of fairness.
After the reward advertising issue, advertisers made some reward express. In this case, the perpetrator of this embodiment, if a certain behavior, will pay substantially or some form of effort. Once finally meet the right people in advertising, advertising people do not fulfill their payment obligations to deliver, given the perpetrator would cause substantial damage to large or small. Thus, contrary to the principle of fairness.
3. is conducive to safeguarding the interests of people in advertising. This is mainly for the right of defense and the behavior of people in terms of advertising. Civil legal act adopted unilaterally say, it means that as long as the perpetrator An act to meet the needs of advertisers, advertising must be paid on remuneration Guangshen ads shown. This will maximize the protection of the interests of people in advertising. A \fulfilling the right of defense, in real life, there will be such a situation, you do
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山东科技大学本科毕业论文
not give me compensation, I will not give you the property, in this case, the rights of non-existent advertising .
In short, through analysis and discussion, we believe that advertising should reward unilateral acts of civil law. Reward advertising effective is in line with the basic principles of civil law in good faith and, more importantly, it helps to maintain transaction security and interests of the parties, but also conducive to absorb foreign legislative experience, and maintain harmonious civil law system. Economic conditions in a market economy, help protect transactions, protect the interests of actors and advertising, and more conducive to making more explicit and sound administration of justice, to promote the development of socialist economic development and the rule of law have real, real natural and positive meaning.
Main references:
[1] Anson William Reynell. Anson' s law of contract[M].Oxford University Press, 1998:27.
[2] Bryant A. Garnet. Black' s law dictionary [M].Thomson West, 2007. [3] G. Samuel, J. Rinkes. The English law of obligation [M].Ni jemegen, 1991:42.
[4] Pablo Lerner. Promises of rewards in a comparative perspective[J].Annual Survey of int’1&comp. law, 2004, 10:53一101.
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山东科技大学本科毕业论文
论悬赏广告的性质
摘要：悬赏广告，公开以广告方法表示对完成一定行为之人，给予报酬，
例如报刊登载、街头招贴、广播电视传播等；实践情况如此复杂，但其法律性质如何，效力如何，学界对此有不同意见，一为“ 契约说 ”，一为“ 单方民事行为说 ”笔者赞成“ 单方民事行为说 ”，在此文中论述此观点及其意义。
关键词： 悬赏广告；契约说；单方民事法律行为说；社会意义
1.悬赏广告的定义及成立要件
1.1 悬赏广告的定义
所谓悬赏广告是指 “ 广告人以广告形式声明对完成悬赏广告中规定的特定行为的任何人，给付广告中约定报酬的意思表示行为 ”。 细究其定义，悬赏广告通常包含两个层次 的含义。第一层是指悬赏人以广告形式明确设置报酬，声明对完成指定行为的人给付报酬的广告。它的实质是悬赏人的意思表示，在这个意义上，悬赏广告是悬赏人意思表示的外化。第二层是指悬赏人的意思表示与指定行为的完成结合成的法律行为，也即是悬赏人以广告的方法声明对完成一定行为的人给予报酬的意思表示，基于该意思表示，悬赏人对完成指定行为的人负有给付报酬的义务。第二层含义是其意义分歧的核心所在，也是我也争论的焦点。
1.2 悬赏广告的成立要件
从其定义可以看出，悬赏广告的成立具有以下要件：
1.须有悬赏人。悬赏人是做出悬赏广告意思表示的行为人，可以是自然
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