"contract Law" Fundamental Breach System Research

Fundamental breach of contract system, the first from the English common law. Because of the contract the Contracting Parties the non-defaulting party’s interest in maintaining market transactions security, standardize the market order has played a huge role, now regardless of the common law or civil law are different in their legal system the degree of confirmation of a fundamental breach of contract system. China’s Contract Law "Article94provisions of law recognized a fundamental breach of contract system. Scholars fundamental breach of contract system, summarized the different legal systems in different countries and international conventions, the contents of the system of fundamental breach, in order to summarize the system of fundamental breach of the constitution and the legal effect, and thus our laws to introduce a fundamental breach the reasons of the system and the resulting problems, propose solutions, and hope to be able to complete the fundamental breach of contract Law in China presented.The paper is divided into four parts. The first part is an overview of the fundamental breach of contract system. Fundamental breach of the system derived from English law, after the United States law, civil law countries, as well as a series of international conventions recognized. Fundamental breach of contract system is in fact a private right, remedy, and its core is the conclusion of the contract, in what conditions or circumstances "fundamental breach" can be established. From the terms’ criteria to the criteria of consequentialism, and then to the United Nations International Sale of Goods Convention on Contracts for the multiple limits, constitutes a fundamental breach of contract has always been the focus of academic research. Fundamental breach of the system is another important part of the legal effect of, generally considered a fundamental breach will bring the contract is terminated and the exemption clause negates the two legal effect, both the force of law whether the continued existence of the contract, non-breach of the Contracting interests of parties according to the contract expect to achieve as well as non-breach of the loss of the contracting parties to be able to get relief, and will play what role, has always been much attention.The second part is in breach of the morphological system of fundamental breach in contract law in China the status. Fundamental breach of this foreign system of law introduced the concept of our legal system, and the relationship between China’s previously existing default form, must be elaborated. Form of division of non-compliance is to establish the premise of the breach of contract and fundamental breach of contract is not just assume liability for breach of contract. Form of breach of contract and fundamental breach of the two concepts from different legal systems, its mode of application, on behalf of the value orientation is not the same, they can co-exist, but there can be tolerant and inclusive relationship. The introduction of a can not be inclusive of the legal concept is not a risky move. Although the application of the law, the division of breach of contract form in the liability for breach of contract establishment and by their praises, but still beyond the reach of a fundamental breach of contract happens can make up for these shortcomings. Therefore, the introduction of fundamental breach of contract is based on the position of its legal pragmatism.The third part is the relationship between the described fundamental breach of contract and termination of the contract. Cause termination of a contract is not the only reason a kind of order to clearly analyze the relationship between the fundamental breach of contract and the contract is terminated, the termination of the contract (referred to in this article refers only to breach of contract case to lift). Fundamental breach of contract and the relationship between the termination of the contract can be defined as:the cause and be caused to restrict and limit. After further analysis, we can find:In the event of default, to achieve the degree of fundamental breach must cause the lifting of the contract, but not to the extent that the breach does not necessarily lead to the termination of the contract. The purpose of concluding the contract to become a bridge between fundamental breach and the termination of the contract, it also determines the inevitable joint. Fundamental breach of contract and the contract is discharged, leaving neither side is difficult to obtain the strong vitality, so they go hand in hand, can not be separated.The fourth part is the analysis of the "Contract Law" fundamental breach of the evaluation of the system. China’s Contract Law, the text does not use the concept of "fundamental breach of contract and fundamental breach of an important legal effect: Disclaimer negates did not mention. Our country "contract law" can not say that the introduction of fundamental breach of contract is a complete and comprehensive law introduced the concept, but a tentative to introduce. Even if the introduction of a foreign legal concepts need to be taken into account from the value orientation, for processes, blind in one step, an eating practices of the National Cheng Kung University Fat Man "and can not be recognized, but our country" contract law "is not perfect its fundamental breach of contract required by the system is still far in the value orientation of the legal system, legal provisions specifically applicable procedures. Therefore, to improve the legal system, complete the introduction of the system of fundamental breach of contract, on the one hand, the efforts of our legislators and legal practitioners,to provide objective protection legislation and improve the interpretation of the contract for fundamental breach of contract system; the other hand, the need for contracting parties of the contract to be guided so that it truly establish good faith and the belief of the "sacred contract", the commitments made when strictly Contracting fundamental breach of contract system, the protection of the subjective aspects (legal ideology). Through these efforts, so that the system of fundamental breach to grow in the soil of the Chinese legal system.