On The Compensation For The Dissolution Of Contract

Termination of contract of contract law is an important issue in the field of. Contractrefers to a contract after the establishment of an effective, with the lifting of the contractconditions, when one party or both parties means that the contract relationship from thebeginning to the future eradication or destroy a system. Compensation for damage is a reliefsystem, obligation for damages is considered to be the most important responsibility of civilliability form. China’s legislative recognition of termination of the contract and damages canco-exist. But for the damages to the nature, scope and standard, are not clearly defined, it iscompensate the loss of reliance interests compensation for loss of interest or performance?There is no uniform set. In practice it often caused by" some sentence" unfair phenomenon,legal authority, reduce people to the legal compelling.Besides the foreword and postscript, the thesis is divided into five parts, respectively, forthe first part of contract and compensation for damages, the second part compensation forcontract breach and termination of contract of the retroactivity, the third part is the scope ofdamages of the rescission of the contract, the fourth part for the lifting of the contract type ofresearch, the fifth part for our country compensation for contract breach the proposal of thesystem.The first part of the article in the first discussed the lifting of the contract and damages,in the contract and damages coexist on the basis of the compensation for contract breach,discussed the nature and the lifting of the contract damages and damages for breach ofcontract is different, the termination of contract damages for breach of contract and tortcompensation for property damage compensation combination said, so the compensation forcontract breach is in the range of compensation for breach of contract, should also be includedfor termination of contract and the occurrence of damages and the inherent benefits of damagecompensation.The second part of this article introduces the compensation for contract breach andtermination of contract the retroactive effect of contract relationship, the scope of damages ofthe rescission and standards are largely depends on the lifting of the contract whether or nothave retroactive effect, the termination of the contract have retroactive effect for terminationof contract law. According to the" contract law" stipulates that the ninety-seven, in accordancewith the situation of performance and the nature of the contract, the parties may seek restitution, take other remedial measures, and have the right to claim compensation for losses.The lifting of the contract whether or not have retroactive effect situation points to treat, inaccordance with the situation of performance and the nature of the contract, make China’slegislation on the lifting of the contract and damages the qualitative becomes more difficult.This paper breaks through the traditional civil law that the lifting of the contract is the subjectof the contract itself, to construction contract subject, that the lifting of the contract is thesubject of the contract is the original rights and obligations, and the relief of rights andobligation of the contract itself and not with the lifting and destroy. In order to solve thelifting of the contract and the debt nonperformance damages coexist logical contradiction; butalso solve the original German Civil Code favoured by selection principle, and can betterbalance the interests between parties.In the third part, on the basis of the two parts, discusses the scope of damages of therescission of contract, specifically introduces the compensation for the breach of contractdamages for breach of contract damages and beyond what is, is the fourth part of the lifting ofthe contract the scope of damages to the type of research to lay the foundation.The fourth part is the innovation of this section, the lifting of the contract the scope ofdamages for the type of research. According to the different causes of termination of thecontract to determine the scope of damages of the rescission of the contract, because ofdifferent causes of damage compensation scope is different, and not simply as the relianceinterest damages or debt non-performance damages, so should be considered for release ofdifferent causes, make individual treatment.The last part of the article put forward to perfect our country contract damages system,perfecting China’s" contract law" article ninety-seven of the contract stipulated in thereconstruction of retroactivity, contract object foundation, get the lifting of the contract is aretroactive effect conclusion; then our country contract damages for breach of property rulesdamage compensation and tort compensation; finally in the specific provisions of differentcauses of termination of the contract the scope of damages, trying to solve the practice" somesentence" phenomenon, to better protect the non-breaching party interests, maintain the legalauthority.