The Research On The Vicious Demur

The vicious demur is a demurrer behaviour that is brought forward by a party of contract violateing the principia of good faith against the acts of the other party. Through making contract nullity,demurrant shirks the duty of the contract. Truthful party has to bear risks and disadvantage.The act of demurrant is an act of abusing the right to demur. The harm lies not only in damaging the security of contract trading, wasting litigation resources, but also holding back the establishment of honest and serious credit system in our country.Elements of the vicious demur as follows: the main parties is a party to a contract; demurrant is the subjective deliberate;the action is in violation of the principle of good faith;it makes contract to change in the effectiveness of the contract and refused to fulfill its own obligations; it occurred after the signing of the contract behaviour.Such acts have seriously violated the principles of good faith, but also contrary to the contract system which establishing in nation, as well as an increase of unnecessary matter.It brings serious damage to the contract transaction system and a waste of resources caused by the proceedings, preventing the principle of good faith establishment in our country. The form of contract requirements, the mandatory provisions of law, meaning that the parties can lead to the vicious demur.The vicious demur actions result from the imperfections of the law, that is, loopholes in the law. invoking the principle of good faith can resolve the problem of vicious demur. In dealing with the issue of private law to take into account the relief of the party in breach of deterrence, as well as the way to achieve deterrence relief. A clear defense of the malicious nature of the breach after the plea and proceed to demand that a malicious breach of responsibility to bear to achieve the deterrence of the acts of the parties themselves, so that it does not engage in conduct contrary to the purpose of the contract. That is, the faithful party can be almsgiven according to almsgiving manner of breach of contract, whose liabilities are no less than that of interests of faithful party after implementation of contracts or gained interest through breaching contract.