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Comparative Studies Of The System Of Liability For Breach Of Contract

Posted on:2003-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:X W LuoFull Text:PDF
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Liabilities for breach of contract is the liabilities which a party should shoulder when he fails to perform due contractual obligations. It is often called remedies for breach of contract in common law loan tries while in civil law counties is provided as legal impact or liability performance. As one type of civil liability, it plays much importance, in securing credit and safeguarding transaction. Whether the function of contract law can be fulfilled or not has a close relationship with its shortcomings and perfectness. Therefore, liabilities for breach of contract is one of the very important system in contract law, which is regulated clearly in each country's legal system and international convention. But their regulations have something in common and something in difference because of each country's cultural difference, historical background and social background.This article sings out some significant problems in theories and practice to compare and expound, which are Doctrine of Liability Imputation, the Breach of Contract Body and ways of undertaking liabilities. Combining the exact regulations in material law and legal interpretation in theories, it tries to uncover the common and the tendency of development of liabilities for breach of contract, which may be a little helpful to improve and be-better our country's legislation and practice of the liabilities for breach of contract.
Keywords/Search Tags:Liabilities for Breach of Contract, compare and expound doctrine of liability imputation, Breach of Contract Body, Undertaking liability
PDF Full Text Request
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