The Liability For Breach Of Contract Merge Applicable Research In China

As a kind of civil liability,liability for breach of contract is palying an important role in guaranteeing for the implementation of the contract, maintaining the order of the socialist market economy, protecting the transaction security. The form of liability for breach of contract in the China’s "contract law" is containing the ‘continue to perform’, ‘liquidated damages’,’ penalty due to breach of contract’, ‘the deposit liability’ and other remedial measures and the other. But the relevant laws and judicial interpretations for the relationship between various forms of liability for breach of contract is vague. The theory study of the appropriate to the various forms of liability for breach of contract combined also unclear. All the facts are leading to the different sentence in judicial practice in the process of dealing with the same case.So the author think that it is necessary to study the relationship between various forms of liability for breach of contract and how to merge when different forms of liability for breach of contract. So that we would establish a clear relationship system of the form of liability for breach of contract,and guide the practice, helpful to the judicial practice.Because of the diversified of liability for breach of contract and the limited space, this paper will select several groups of liability for breach of contract with more controversial.The article is divided into five parts: The first part introduces the concept and characteristics of the liability for breach of contract, the specific form of the liability for breach of contract and the reason why the form of liability for breach of contract will cause the justice uncertainty.The second part introduces the concepts and the natures of the ‘continue to perform’and the ‘the deposit liability’. And we will discuss the combined applied of the ‘continue to perform’ and the five different types of deposit. The third part introduces the concepts and the natures of ‘liquidated damages’,’ penalty due to breach of contract’.and the merge of them. The fourth part discuss how to merge of the’continue to perform’and the ‘penalty due to breach of contract’. The fifth part of this paper will discuss the merge of the liquidated damages and deposit for the breach of contract.