Under The Perspective Of Freedom Of Contract Damages

This text researches the subject of one of the contract-breaching obligations, damages obligation. The reason why I research this subject is : Contract law is the core of private law,. And in the view of judicial practice the contract-breaching obligations are the core of contract law, because the judicial actions is mainly about that one breached his contract duty and the other suit for damages or other remedies. In contrast, if both parties have performed their duties, there will no actions. Of all the contract breach obligations damages is the most important one. This text is composed of seven parts, they are: start and method, contract and freedom of contract, the meaning of damages and its functions, the scope of damages on contract, review of the principle of impute the relation between damages and other contract breach obligations.The first part of the text is"start and method". In this part the author tells why he makes research on this subject and what method he will use in this research. The author always insists that law science should be science just as natural science. In this text the author put forward a theory, named"axiom system of law". The axiom system of law theory insist : the reasoning of law science is the same as the one of natural science, one proposition is deduced from another proposition, the correctness of the first proposition depends on the correctness of the second proposition, the correctness of the second proposition depends on the third proposition , and so on. There must be proposition that we can not question its correctness, and all people think it is correct. This proposition is called axiom. The start-point of legal reasoning should also be axiom. But not like the natural science, the axiom of legal reasoning is"value-judgment", and the values can not be agreed by all the people. However in my opinion,although the people can not all agree on the values, the majority can agree on and accept some values, so the axioms of law are"weak axioms"and these"weak axioms"will change as time goes by. But at now time they act as axioms without any doubt. Then this text discuss all the values that are the axioms of our law, they are: order, equality and freedom.The second part researches on the nature of contract and the principle of contract freedom. The article deems that both in common law system countries and civil law system countries contracts are the results of the parties'will, and that contract freedom is the requirement of the contract'nature. In classical contract law, the...