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Sduties On Some Proplems Relating To Damages For Breach Of Contract

Posted on:2007-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:K Y LangFull Text:PDF
GTID:2166360212955636Subject:Civil and Commercial Law
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The indemnity system has been being the focus that scholars pay attention to and the increasing number of scholars spares no pains with it. In order to achieve its purpose of damage being reasonably compensated while breakers don't bear damages that they should not do, how is the reasonable system set up? Many doctrines and legislations tried to settle the problem, which is being argued. As for provisions concerning damages for breach of contract in China's Contract Law, some are unreasonable or need to explicate, although the law has already used for reference some provisions in other countries laws and international conventions in respect of lawmaking technique. Taking how to set up a reasonable damages system for breach of contract as a clue, the dissertation carries on research towards some problems relating to damages, analyzing comparatively damages systems in some countries.The dissertation discusses three problems:The first one is about principles of contractual damages attribution. The author firstly affirms its meanings in the damages system, then compares the principle of fault liability attribution in continent law with strict liability attribution in common law, discovering the two principles have theirs shortages that can't be avoided. After analyzing some provisions concerning contractual damages attribution in China's Contract Law, he discovers double-principle system was set up. It resulted from using for reference the advantages of the two principles. At the same time, the author analyzes proper reasonability of double-principle theoretically.As regards to damage, the dissertation comparatively analyzes three kinds of theories concerning damage and affirms the rationality of...
Keywords/Search Tags:damages for breach of contract, principles of attribution, damage, restricting rules of damages
PDF Full Text Request
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