On Contractual Liability Limit

It is well-known that the basic functions of the Contract Law are toboth guarantee the freedom and discipline of the market transaction anddemonstrate the balance of rights and obligations among the parties to thecontract. Both parties to the contract conclude the contract on the spiritsof chasing profit. The creditor and the debtor are in the state of mutualgambling, and the increase in the liability and responsibility of one partyforce it to get involved in the relatively negative situation. In case of thelack of reasonable principle and method of limiting contract liability, thebalance of contract relationships (or the gambling relationship achievingthe optimal interests) will be harmed. Meanwhile, the system of contractliability always gives more thoughts to the protection of the interests ofthe creditor rather than that of the other party to the contract-the debtor.As a result, under the background of the increasing expansion and strictrequirements of the contract liability in the modem contract law, thepursuit and exploration of the reasonable principle and approach oflimiting contract liability will inevitably contribute to such balance.In view of the provisions of civil laws and contract laws of moderndeveloped countries and Roman law, the countries consecutivelypromulgate the different kinds of limits on the contract liability. Althoughthe contract law of our country refers to the advanced ideals and systemsof contract laws of two law systems, it is really a pity that there are fewlimits on contract liability. The dissertation tries to make the brief reviewand analysis of the defect and improvement of the systems of limitingcontract liability from the point of view of the protection of the interestsof debtor on the basis of the comparison of the systems of limitingcontract liability stipulated in Roman law and modem civil law in orderto expect the conformity to the contract liability system, reasonably distribute the rights and obligations among the parties to the contract andthus achieve the richer and sounder contract liability system.The dissertation is composed of three chapters, the first chapter: theformation of the theory and rule of limiting contract liability, whichmainly investigates and compares the systems of limiting contractliability stipulated in Roman law system, civil law system and commonlaw system; the second chapter: the regulation review of limiting contractliability stipulated in Contract Law of our country and the analysis of theshortage and defect in such system in Contract Law of our country; thethird chapter: legislation suggestion which focuses on how to improve theissues on limiting contract liability of our country.