Damages System. International Commercial Contracts Comparative Study

With the commercial contact of every country in the world is frequent day by day, Legals dispute of breach of contract about commercial affairs are more and more too. In various kinds of contract remedies for commercial affairs, damages is as a kind of most effective remedy ,Because it can fill in the injured party quickly, and does not need delinquent party to cooperate, It is convenient for court to carry out, so already extensive to acceptance for both parties of contract, However, though the laws of various countries stipulate this system, seeing that historical origins of various countries, difference of the culture background, Regulations about the damages are not all the same.CISG and UNIDROIT Principles aim at unify international trade law and synthesize different legal provisionses of common law and civil law of damages, Gave consideration to the interests of most developing countries , became the most important entity law in dealing with international commercial affairs for damages dispute in breach.In our country," contract law" issued in 1999 has drawn lessons from CISG and advance and rationality that some countries legislated, Having done the detailed regulation to the damages system too, So, the studying of the content, principle of the damages system of contract law" seems very essential too. This can not merely promote" contract law"s legislating to intergrate with the international treaty and international practice , but also smooth development activity of international trade, It also play an essential role for safeguarding the market order and protecting party's lawful rights and interests in international commercial affairs activities.This text regard our country's" contract law" as thread, pass with common law and civil law about damages relevant legal comparative analysis of issue, In additionis correlated with the CISG and UNIDROIT Principles, proceed with meaning and characteristic of damages , Through the analysis of the principle of damages and the composition of damages, And through the calculation for damages in practice, have explained the legal provisions of damages system from the theory respect, It also give some relevant representative cases to prove and form a piece of intact systems and reflect the overall pictures of damages system. At last, it proposes judicial suggestions according to the demonstrations of this text that damages should be a first-selected way, In the hope of perfecting the system of liability for breach of contract of the contract law of our country further.With reaching maturity gradually of market economy, the system of liability for breach of contract will be more perfect too. Although the regulation to the system of liability for breach of contract of contract law" has places not perfect, But has advanced a step greatly in integrating with the international regulation and international practice, And has kept its own characteristic, its content is more mature, rational.