07 1月 幫寫論文-懸賞廣告必須滿足於單方面的行為
Given the above argument, does the Chinese court accept advertisement for a reward as a unilateral conduct? A unilateral doctrine or conduct is a contract where once a unilateral promise is given, contract has to be obligated at all costs. Where scholars like Wang Liming, Robert Scott and Judy Kraus argued for the rewards as contract perspective adopted by Chinese law, other scholars such as Mo Zhang consider reward from the unilateral promise angle.
A reward is considered in Chinese law as a unilateral juristic act meaning when an offer is made for a reward it will be construed as being unilateral, the offer once established will be legally binding. Article 112 of the Property Law of China confirms there exist a validity of advertisements of rewards: The right holder of the object, when obtaining a lost-and found object, shall pay the person who finds the object or the related department such necessary expenses as the cost for safekeeping the object. Where a right holder promises to offer a reward for finding the object, he shall, when claiming the object, perform the obligation of granting the reward. Where the person who finds the object misappropriates the lost object, he/she shall be deprived of the right to ask for paying the expenses he/she has paid for safekeeping the object or require the holder to perform the obligation as promised. This unilateral conduct code will prevail only when the reward is being offered from something lost, in the form of property.
Hence according to the Chinese law there exists a certain amount of ambiguity on how the rewards advertisement must be treated. It would be treated as a contract for all other cases, except that for when the reward is being meted out for lost and found property where the Property law and the unilateral doctrine would prevail. The purpose of this chapter is not to critically compare Chinese legislation with UK and German legal perspectives but to merely introduce the necessity for reform, a standardization even if it means flexibility has to be afforded for exceptions.