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Studies On Some Problems Relating To Contract Remedies

Posted on:2007-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:S H KeFull Text:PDF
GTID:2166360212955627Subject:Civil and Commercial Law
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Contract remedies do have great effects on parties concerned and the healthy operation and development of society and economy. They have been being one of the issues which scholars abroad and at home pay great attention to. The dissertation only makes a superficial inquiry into some problems onthem------domestic academia has been arguing endlessly over principles forattribution and specific performance in China's Contract Law. Damages for breach of contract is even more the flash and difficult point in scholarly research on contract law. The author yearns for putting forward his own though humble opinion on them while related contemporary domestic theories are reviewed.In chapter 1, principles for attribution are discussed. The dissertation investigates principles for attribution in common law, civil law and China's Contract Law one by one. In the author's opinion, the principle of fault liability as said in civil law contravenes freedom of contract while the principle of attribution adopted in common law is not one of strict liability which is almost unanimous in opinion in china but one of promissory liability; So is China's Contract Law explained, fault liability could better be regard as constructive promissory liability.In chapter 2, the dissertation comparatively analyzes how to make a choice between specific performance and monetary damages in respect of their application. Due to the differences in historic tradition, etc. the two law systems lay different emphasis on and have different orientation of value in the application of these two remedies. However, along with the development of society and...
Keywords/Search Tags:contract remedies, principles for attribution, the principle of promissory liability, specific performance, damages for breach of contract
PDF Full Text Request
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