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Efficiency Breach Of A Reasonable Reference

Posted on:2011-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y M QiFull Text:PDF
GTID:2206360305473778Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The theory of efficient breach is one of the key points in contempouary of Anglo-American contract law,which is which is adranced by economic analyzing of law.The economic analytical legal science researches and explains the contract act at the deep level,by combining with Econonics,law,sociology of law. To them,the econnomic efficiency is not only the foundation of law to gwide people to make efficient cheice according to law, but also the goal of which law serves for.Though it is not approved by legislation and judical practice in Roman-Germanic contry the theory of effcicnt breach can't deny it's value of theory and practice. This theory is a reasonable outcome by the developing of the contract law.lt breaks the limit by the traditional contract theory of the Roman-Germanic Law,and brings the concept of the "Efficiency"from economics into the comtract law field,and remedies the deficiency of the single analysis method used in the law.The article makes a full theroretical and practical analysis to the efficient breach of Anglo-American law, and re-estimates the theory through view all in order to use for reference its principle of efficient and benefit and the methods of economic analysis to get over the limits of statute law and in order to understand the promisor's intention of the party in breach to improve the theory of breach liabilities through a new way of thinking.
Keywords/Search Tags:efdicient breach, theoretical basis, law and economics, postitve andalysis
PDF Full Text Request
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