Study Of The Damage Compensation About The Termination Of Contract

Chinese laws admit the compensation of termination of contract,But it do not define the specific scope and nature of damages compensation after termination of contract .Because Chinese laws on damages after the termination of the contract's are too principle, it lead to a lack of clear judicial referee in Judgments. There is big difference on the handling of disputes on compensation after termination of contract in the different courts. To a large extent, the result will affect the interests of the parties protection issues,and challenge the authority of the law.Thus, it is very important and practical significance to study the issue of damages compensation after the lifting of the contract. The main study objects of this paper is the scope of damages for breach after termination of the contract. By comparison of Enactment of legislation and theory of different countries (regions) and international conventions on the scope of damages compensation for breach of contract, it is to study the definition of the scope in China on damages compensation for breach of contract.In order to improve the system in china about in the lifting of breach of contract damages , and provide for some considerations in a unified judicial practice to provide a little thinking, on basis of on whether the retroactive and clarification of the subject after termination of contract,,from a legal and economic point of view ,I put forward my point of view.This article is about 2.6 million words, divided into three parts.Chapter I: The retroactive effect issue of the termination of the contract.Termination of the contract is on the establishment and effect of the contract , before contractual rights and obligations unfulfilled, the extinction behavior of the contractual relationship according to a party or parties of contract, when the conditions for success (the contract or the law of reason appears). It Include three types, i.e. Agreement to lift, and they agreed right of cancellation, the statutory right of cancellation. In this article, the termination of contract means the statutory right of cancellation under the breach of the contract.By comparing the legislation cases and theories of different countries (regions) and the International Convention on the scope of damages for breach of contract, we think that the termination of the contract should not have retroactive .Chapter II: Coexistence of the termination and damages of the contract . The cases of national legislation on the relationship of Termination of the contract and damages, have two different approaches of Marxism and the coexistence . On basis of the comparison of the cases of national and international conventions , We suggest to adopt the practice of co-existence, which comply with the law, "justice" values and principles of damages, without losing the logical choice doctrine.Chapter Three: the scope of damage compensation after the termination of contract. By comparing the legislation cases and theories of different countries (regions) and the International Convention on the scope of damages for breach of contract, we think that the termination of the contract should not have retroactive , that the subject of the contract termination should be the contract body of rights and obligations, that The nature of the termination of the contract should be damages for breach of contract. Therefore, damage compensation after the termination of contract should be the compensation of the fulfill interests. .This is also in line with the needs of social values, as confirmed by the practice.At last,the author's Suggestion for the scope of damage compensation after the termination of contract. We Suggest to clearly defined the scope of damages compensation after the termination of contract as the compensation of the fulfills interests ,by the Supreme Court's judicial interpretation or modification of "Contract Law" to modify the way of the termination of the contract .