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Attainable Interest Of Contract Disputes Research

Posted on:2015-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y MaFull Text:PDF
GTID:2266330431951076Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
The contract can get benefit as a contract the potential benefits, predictable interest, in nowadays, signed contract a variety number continued to increase under the background of the society, more and more attentions. This is not only reflected in the academic circles, but also in the judicial practice of our country. Grow with each passing day can benefit disputes so that people have to understand the case, case analysis, and using the appropriate legal norms to seek solutions.In this paper,"Huaian Su Ning case" as the main line, and take it as the starting point and the foothold fundamental. Firstly, the case review method leads to the case can be related to the interests of the four problem, indicates the direction for the next process analysis; then according to the four question to carry out corresponding analysis process, and thus the conclusion; finally, from the process of analyzing problem I is not difficult to find, China now "contract law" relating to contract can get benefit system still exist many problems, the author puts forward some advices on the legislation suggestion. Therefore, this paper is divided into the following three parts:The first part introduces " Huai Su Ning case," the basic case and the trial court’s final judgment of the first instance by the case, during the second trial of both parties stand on the case and the Court finds that the case raised issues raised by the focus that contract disputes available interest.The second part of this paper is to study for the possible benefits issues, resolve to elaborate four parts, namely, whether the case involves contractual compensation benefits are available whether the possible benefits of a breakthrough foreseeability rule, the specific amount of benefits available as well as how to determine whether the agreed liquidated damages choose one problem.The third part, based on the analysis of problems in the process of reflected China’s "contract law" can benefit compensation imperfections, puts forward some legislative suggestions.
Keywords/Search Tags:attainable interest, indemnity, loss
PDF Full Text Request
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