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The Empirical Analysis Of Contract Liability For Breach Of Contract

Posted on:2017-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:M J SunFull Text:PDF
GTID:2336330512954745Subject:Law
Abstract/Summary:PDF Full Text Request
With the continuous development of social and economic life, civil constantly active of the market economic activities, various types of civil activities exist,more kinds of social economic activities mainly in the form of contract. And conclusion of the performance of the lifting of the contract, effect and invalid acknowledgment and in the process,more kinds of contract law and judicial practice in the law practice,How to handle contract legal relationship correctly,how to handle the breaching party and the judgment of the liability for breach of contract,was legal workers judicial staff must face to. Once understand that deal with deviation was wrong, there will bring immensurable lost. This article will from the contract legal relationship must master in the practical work of system of liability for breach of contract are discussed.Liability for breach of contract system as an important system in contract law,in contract law legislation udicial practical ?operation, etc,plays a decisive role?How to learn the correct understanding of application system of liability for breach of contract,will be how to practice law how to safeguard the lawful rights and interests of the basis of correctly realize the contract justice.In this paper, a written judgment of the supreme people's court net public case as the breakthrough point, the case for an ordinary building business contract dispute case, But which involves the plaintiff and the defendant's identity, the legal relationships between the parties, the parties to a contract of the parties to the question of whether or not to take responsibility, the determination of liability for breach of contract types, liability for breach of contract confirmation, the judge discretion, Default liability imputation principle for problems encountered in a series of Pgdip Legal Practice, and in the form of legal documents and need is shipwrecked specific problems?In this paper, by the people's court to the claims of the specific contract dispute case details analysis and decision,analysis and judge how to apply system of liability for breach of contract. Supplemented by the author based on the definition and characteristics of the liability for breach of contract?the classification of the liability for breach of contract?how do you determine the specific form of liability for breach of contract?the imputation principle of liability for breach of contract?how to clear legal relationship property?privity of contract?the detailed analysis of the breaching party ascertained,to look forward to of the author himself for liability for breach of contract system has a understanding and learning,and some meaning to readers.
Keywords/Search Tags:Case, Breach Responsibility System, Breaches of Contract, Party Autonomy, Breach responsibility
PDF Full Text Request
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