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Primary Analysis Of Punitive Damages In Chinese Contract Law

Posted on:2008-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:X F CengFull Text:PDF
GTID:2166360242494022Subject:Law
Abstract/Summary:PDF Full Text Request
The paper begins with the academic argument over the nature of the breach of contract damages stipulated by Contract Law of the People's Republic of China, Article 4 Section3, focuses on the test standard of"compensatory damages"and"penalty", furthermore, analyses the establishment of liability of the breach of contract damages, the adjustment of the amount of the breach of contract damages, and, the relationship between the breach of contract damages and deposit(mainly the breach of contract deposit and the rescission of contract deposit).The paper mainly uses the comparative analysis method, the legal interpretation method and history analysis method.On the basis of comprehensive utilization of the methods mentioned above and extensive collection of materials, the paper dissects thoroughly the two traditional test standards for penalty, the"amount theory", which holds that the test is whether the amount of the breach of contract damages outweighs the actual loss, and, the"performance theory", which holds that the test is whether the breach of contract damages can coexist with the remedy of special performance or substitutive compensation, draws on the experience of American contract law in determining the liquidated damages and penalty, advances the"synthesis theory", which holds that in the situation of delay of performance and imperfect performance, the test is whether the amount of the breach of contract damages outweighs the anticipated loss at the point of making the contract, namely the"amended amount theory", in the situation of impossibility and repudiation, the test is still the"performance theory".
Keywords/Search Tags:the breach of contract damages, penalty, compensatory damages, deposit
PDF Full Text Request
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