Ecological service trading contract is a contract with ecological service as the object and the rights and obligations between the provider and the demander as the content.The ecological service trading contract has the characteristics of the typical service contract for the contract for hired work.However,it is different from the contract for hired work in the aspects of personal attributes,delivery of positive results,nature of public welfare,etc.In the distribution of rights and obligations,ecological service providers have the right to subcontract and reuse natural re-sources.Meanwhile,they should be exempted from the custody obligation and be restricted in the exercise of lien.As for the demanders of ecological services,the restrictions on the form and duration of payment consideration should be reduced,and their right of termination without any reason should be limited,the subsequent contractual obligations should be endued with them.In terms of liability for breach of contract,we should take fault liability as the main im-putation principle,take continued performance as the main liability mode and pay attention to the identification and limitation of the causes of exemption.
关键词
生态服务/生态补偿/生态保护补偿协议/承揽合同/规则表达
Key words
ecological service/ecological compensation/ecological protection compensation agreement/contract for work/expression of rules
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