Study On Frustration Of Contracts In Anglo-American Law

Frustration of Contract as a peculiar system in Anglo-American law system, exists as the exception system of 'Pacta Sunt Servanda', after centuries of judicial precedent has become the prevailing practice in Anglo-American law system. Since the Reform of the late Qing Dynasty in China, we adopted the civil law system, we study the contract system in Anglo-American law far less than civil law, and have already study on frustration of contract, but whether in the legislation or judicial, we can not really make good use of this system for hundreds of years in Anglo-American law system. The paper aims to study on frustration of contracts, make use of the classic jurisprudence, combined with the related civil law system, as well as the Second Judiciary Interpretation of Contract Law of China, analyze from the angle of the general analysis, composition analysis, comparative analysis, application analysis and the enlightenment of our country.The first section is the general analysis of frustration of contract, introduces the concept, the nature, the theoretical basis, the historical evolution of the system, look forward to trace back to a long history of frustration of contract, combined with the landmark case in Anglo-American Law to explore the development process of the system.The second part is the composition analysis of frustration of contract, mainly including the constitutive elements analysis and the specific type analysis. The constitutive elements are essential for the frustration of contract, the author try to analyze from the objective elements, the subjective elements, the real constitutive elements, the restrict elements, the degree elements. In the Anglo-American law, the types of frustration of contract are mainly divided into Impossibility, Impracticability and Frustration of Purpose.The third part is the comparative analysis of Frustration of Contract, compare with the system of Change Circumstances in civil law, compare with the shared mistakes, force majeure, unconscionable and business risk, discussing the frustration of contract.The fourth part is the application analysis, including the legal consequences, the limitation, the dilemma as well as the argument of get rid of the dilemma, combine with the exception jurisprudence in Anglo-American law and analyze the system.The fifth part is the legislation enlightenment of our country of the frustration of contract, through the development process of our legislative and judicial system, the author reveal the latest contract law on the interpretation a few questions, outlook the future law system, and design boldly the system framework, in order to introduce more sophisticated system.