On the evening of May 8, 2019, Professor Xie Gen from the Law School of Nanjing University came to our school to hold an academic lecture at the Law School Moot Court on the topic of “Basic Theory of Contract Credits”. The lecture was hosted by Associate Professor Huang Zhe. Associate Professor Shan Pingji, Associate Professor Zhang Malin, Associate Professor Ren Danli, Associate Professor Gao Xiang, Teacher Wang Weiling and some students attended this lecture.
From a macro perspective, Professor Xie re-examined the common theoretical basis of the binding force of contractual claims, and tests whether there are “systematic contradictions” between the various systems.
First of all, the professor Xie started from the two major contract law systems of “no fault liability” and “fault liability”, pointed out the difficulties and shortcomings of the dual contract legislation system adopted in China. Later, Professor Xie traced the source of the law, from the perspective of the general rule of the debt law or the perspective of the general law of the contract law, expounded the different internal mechanisms of the legislative system of the contract law.
Later, Professor Xie commented on China's current legislation on contract law, then Professor Xie proposed three legislative models: 1. Pure debts and debts – Designing a purely debt law . 2. Contract composition – Abandoning the general principles of the debt law. 3. The compromise model – the general law of the small debt law.