On Contractual Liability For Breach Of Contract

The rapid development of market economy, the increasing number of tradingactivity, as a direct result of the contracting activity increasingly complex andcomplicated, long and difficult. Because of this, to make an appointment contractarises at the historic moment and rapid development.Appointment usually appears inthe sale and purchase contract, the land use right transfer, the folk lending, house lease,and other fields, at the same time, the subsequent is a series of questions about theappointment contract and disputes.So, for how to define the appointment, with thisabout again there is a what kind of relationship, the force of law and the liability forbreach of contract and how should, all the problems,"the general principles of thecivil law" and "contract law" in China, there is no specific provision.Aiming at thesituation,"about buying and selling contract dispute cases interpretation problems ofapplicable law article2will make an appointment contract.Which is on theeffectiveness of the appointment, in violation of the provisions of the appointment ofliability for breach of contract and default relief, although is a progress on thelegislation, but its provisions are still too general and simple, cannot get properlysolve some practical problems. This article from an appointment contract liability forbreach of the core problems, to explore the problem appointment contract relief.In this paper, the text is divided into four parts: the first chapter "appointmentcontract default form", based on discussing the appointment contract on the principlesof attribution, the appointment contract breach concept, and introduces the main typesand the value of the system, to lay the foundation for an appointment with the liabilityfor breach of contract;The second chapter "bear the liability for breach of contract(Ⅰ): continue to perform the problem", in view of the problem is one of the mainfocus of controversy for the breach of contract liability exists, this part summarizesthe main arguments about this problem several theoretical point of view, and to solvethe problem that the author is inclined to say viewpoints and specific reason to insiston this view;The third chapter "accept (Ⅱ) liability for breach of contract, tocompensate for the losses problem", in this part the author defines the nature of theappointment contract compensation for breach of contract and specific scope of liability, two methods of calculating points to the time, place in the calculation ofdamages and the significance of compensation for loss;The fourth chapter,"bear theliability for breach of contract (Ⅲ): deposit and liquidated damages", this part isbased on the upper bound deposit penalties set between precontract and deposit incognizance and the specific application, the properties of gold and the specificapplication of breach of contract, and has discussed the two and asked questions, theauthor of this oppose attitude problem.