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The Applicability Of Metal Damage Compensation In Contract Breach Liability

Posted on:2009-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z LiFull Text:PDF
GTID:2166360242977608Subject:Law
Abstract/Summary:PDF Full Text Request
In China, there have been many controversies over the applicability of metal damage compensation in contract breach liability. The lack of a univocal specification on this issue in the legislation and the differences over its applicability among experts in the judicial circle all contribute to the government's incapacity of providing relief to the aggrieved party. However, the reality in the judicial practice and people's daily life all call for prompt solutions to this issue. There's great necessity in claiming the metal damage compensation for the protection of the aggrieved party's interests. China should learn foreign experience in the legislation and judicial practice in metal damage compensation, specifying and ascertaining its judicial status through law making and practicing. The following thesis will first enlist some typical cases such as the contract breaches in travel and wedding celebrations and then elicit the applicability of metal damage compensation resulted from such contract breaches by pointing out the necessity of applying such damages in adjudication of those cases. Then it will treat on the legislative inadequacy and insufficiency in this area as well as the limited recognition of metal damage compensation in current law practice. In addition, the thesis will make a brief introduction to the stipulations in the Continental Law and Common Law Systems and compare the differences between them. To do so, the thesis will first raise the some jurists'opposing views and opinions on the application of metal damages, then question their legitimacy through an in-depth analysis on the necessity and feasibility of claiming metal damage compensation involving contract breach. Lastly, referring to the current judicial practices in metal damage compensation in foreign countries as well as the reality in China, the thesis will state its views and forward some suggestions on how to establish the metal damage compensation system in China.
Keywords/Search Tags:Metal Damage Compensation, Contract Breach Liability, Infringement Liability
PDF Full Text Request
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