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Study On The Breach Of Contract Due To The Third Party

Posted on:2018-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:C LiFull Text:PDF
GTID:2346330512999379Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Article 121 of the "Contract Law" stipulates the form of the debtor's breach of contract due to the third party.This article through the a series of changes by multiple legislation before the"Contract Law" introduction and the "Contract Law" proposed draft,the legislation draft,and ultimately determine the unrestricted "third party reasons" legislative model.The "Third party" interpretation of its meaning shall mean all third parties other than the parties to the contract.However,unrestricted third party reasons may be minor to the debtor's usual duty of care,or may become a exemptions of force majeure.Where the liability for breach of contract due to the third party is borne by the debtor,the debtor will assume "super debt".Academic debate on this article can be divided into two views:the abolition of the article and the restrictions of the article.There are different types of reasons for the third party in judicial practice,and there are different situations for the purpose of the court application.In this paper,through a large number of case studies of judicial practice,that the abolition of the article is not yet desirable,enumeration restrictions also have their drawbacks.This paper viewpoint is that should be clear Article 121 with the relevant laws or regulations,and layers of progressive to achieve the purpose.This article explores and classifies the more common third party type by explaining the third person reason and the third person type in the judicial practice,and redefines the principle of liability for breach of contract and event of breach of contract to make sure that this article applies premise.On this basis,we discuss the exemption of this article under the strict liability,clarify the relationship between the Fulfillment assistants and third party of this article,explore the reasonable construction of the third party infringement system,and make reasonable reference to the theory of contract composition.Finally,reasonable cohesion the liability for breach of contract and complementary liability through the form of diversified liability to replace the single liability for complementary liability...
Keywords/Search Tags:Article 121 of Contract Law of PRC, Third party reasons, Liability for breach of contract, Fulfillment assistants, the third party's infringement
PDF Full Text Request
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