Analysis On The Compensation For Damages After Mandatorily Discharging Contract

The system of discharge of contract are embodiments of contract justice, the value is to make the party to rid contract'constrain that has been established and effected, and to eliminate the legal existence of its party, namely, the impact of the rights and obligations. Damages as a relief system, it is also the embodiment of contract justice. Damages for civil liability of the debt is considered the most importance, the most commonly used and most effective form of liability, the scope of application is also the mostly widely. And there are always disputes on the relationship between discharge of contract and compensation for damages. First, the creed of selection and the creed of co-exist have conflicting. The creed of selection has been relics of history because the creed of selection prefers legal logic, demands of the parties at the expense of justice. Most countries have adopted the creed of co-exist, however, the debate on the relationship between mandatory discharge of contract and compensation for damages doesn't clam down. The creed of co-exist have theory of the compensation for damages of breach of contract and theory of the compensation for damages after contract discharge in a claim dispute. How to determine the scope of damages is the heart of compensation for damages after mandatory discharge of contract. Be adopted principles or rules to limit the scope of damages, to balance the interests of both parties. What is the compensation for damages in the end? According to the damage due to contract discharge or contract non-performance to determine the reliance interest or the expectation interest. How to compensate the loss of interest?Is calculated using subjective of objective method? Current legislation in china for what compensation for damages after mandatory discharge of contract needs to further improve the place. Papers to address these issues discussed are divided into four parts.The first part of the paper on compensation for damages after mandatory discharge of contract claim. First, there are the creed of selection and the creed of co-exist. The creed of selection prefers legal logic, demands of the parties at the expense of justice. The choice of the creed of co-exist is inevitably trend of problem. Most countries adopted the creed of co-exist. Then, introduce claim for compensation for damages after mandatory discharge of contract. There are two main ideas. Namely, the theory of the compensation for damages of breach of contract and the theory of the compensation for damages after discharge of contract. By analyzing the pros and cons of two advocates. The theory of the compensation for damages after discharge of contract is final choice. It resolved the contradiction between the logic of the theory of the compensation for damages of breach of contract. Based on the principles of honesty and trust, to uphold justice demands, the victim compensation for damages they had.The second part is the core of the paper; demonstrate the scope of compensation for damages after mandatory discharge of contract. First, the paper analysis the factors affecting the scope of compensation for damages after mandatory discharge of contract. There are the objects of discharge of contract, the retroactivity of contract discharge, the restitution of discharge of contract. The object of discharge of contract argument for the effective establishment of contracts. Retroactive effect of contract discharge is one retroactivity. Discharge of the contract system is conducive to the unique features of the play. Restitution of discharge of contract is defined as physical forms of restitution and restitution in the form of value. The rights of their original status as criteria to determine the relative scope of the obligation, to restore the original pattern of interests. Secondly, limiting the scope of discharge of contract analysis of the principles or rules, while fully protecting the legitimate rights and interests of the injured party, to fill their damages. The other hand, damages can not be open-ended compensation, adding to the defaulting party's obligations. Mainly adopt the principle of full compensation, and foresee ability rules, mitigate rules, profit and loss balance rules, and contributory negligence rules, to limit the scope of damages. Finally, to determine the scope of damages. By defining some relevant concepts, and examine two legal systems on the scope of damages. Different values inevitably influence the choice of the scope of damages. Expectation interest by comparison with the reliance interest, the damages defined as the reliance interest and clearly the specific scope of compensation. Not only is the reliance interest consistent with structure of debt law, but also help the party who believe the effective contract in good faith. Meanwhile, in today'era of market economy, facing"crisis of confidence", protection of the reliance interest becomes more precious.The third part of the paper focus on calculation of the scope of the compensation for damages after mandatory discharge of contract. The methods of compensation are related to calculation which about the compensation for damages after mandatory discharge of contract. Not only is the calculation of damages the problem of fact, but also the problem of law. By comparing Taiwan's calculation of damages, the method of calculation should be mainly used in objective method, subjective method to add. Considering these factors which influence the calculation, the time of calculation is based on the moment that promise find the breach of contract, the place of calculation is based on the place of breach of contract.The fourth part paper focus on compensation for damages after mandatory discharge of contract of China's legislative status, pointing out some shortcomings, and put forward sound advice. According to the article 97 of china's"Contract Law", the paper make a distinction between discharge and termination of contract. The retroactivity of discharge of contract is identified as one retroactive effect, to avoid the fuzzy of practice caused by abstract expression. The act shall be expressed as"after the discharges of the contract were not met, no longer fulfilled; has been performed, it should be restitution……"At the same time, the uncertain provisions on"taking the other remedial measures", refer to the provision of"return of the value of alternative compensation"in Germany civil law, which make it clear that the scope of compensation for damages after mandatory discharge of contract. The areas include: non-defaulting party's contracting costs, costs for preparing performance or performing, the opportunity loss that lose the third party, interest for money paid, incidental reliance interest. In the future, Contract Law'Amendment and judicable interpretation should be perfected about the article 97 of Contract Law.Lastly, it must be noted that there are some defects due to various factors. However, if it can make more scholars pay more attention to the study of mandatory discharge of contract, more scholars put forward better proposals to balance the contract rights and obligations of both parties. Realizing unique value of the system of mandatory discharge of contract and fulfilling its pursuit of freedom and justice.