Compensation For The Dissolution Of Contract

Technically speaking, dissolution of contract contains the ways, legal effects, the consequences. Damage compensation is one of the consequences of contract dissolution, and also what this thesis will discuss about. The compensations of damages can only be found in few rules of Chinese Contract Law such as the 113th law, and the rules are too general to manipulate. There is no detailed explanation in judicial interpretation.This thesis starts with three typical cases, and analyses the theory basis of the rights of damage compensation. Combining with domestic and foreign theories, throw out author’s opinions, the termination of contract has no retroactive. And this is the theory basis of discussing damage compensation. Then analyze the elements and different situations of compensation after the dissolution of contract, and define the scope of damages compensations.This paper is divided into three parts, as follows:The first part, introduction. Starts with three typical cases, analyses the theory basis of the rights of damage compensation, and clarify the general idea of the whole thesis.The second part discusses the overview of compensation for the dissolution of contract. In this chapter, author will introduce the basic theory, which is the premise of defining the scope of compensation. Starts with the retroactivity, then discusses the elements of compensation after dissolution of contract, and several different situations of compensations.The third part discusses the scope of compensation. By comparing domestic, and foreign legislation on defining the scope of compensation, leads to the view of this thesis. Then it discusses the definition of the compensation scope in different situations. Among these situations, breach and commission contract are very common in practice, and they are also the most complicated, so this thesis mainly analyzes the compensations of these two situations:situations due to the breach of contract, and the exercise of optional right of cancellation. And at the same time, the calculation of prospect interests is also slightly discussed.Since there is no clear definition about the scopes and types of compensation in the law, but these issues are very common and complicated in practice. In conclusion, I believe that it is necessary to write these issues into legal norms. Of course, whether the opinions discussed in this thesis are feasible, needs to be judged by the practice.