Comparison And Enlightenment Of The Frustration System Between China And Britain

The contract must be strict.Since people began to enter into a contract,this principle was gradually established.Under the guidance of the principle of autonomy of autonomy and the principle of sacredness of contract,contractual obligation becomes an absolute responsibility.After the conclusion of the contract,it must be carried out strictly.However,with the continuous development of the commodity economy and continuous expansion of the scope of world trade,more and more accidents,such as natural disasters,will lead to impossibility of performance of the contract.Insisting in the original contract or judgement will lead to unfair results.Therefore,in the second half of the 19th century,the Britain gradually had the legal precedent for impossibility of performance of the contract caused by accidents,and the frustration of contract sprouted.In Anglo-American law,the frustration of contract gradually developed to an important part of the contract law,which mainly includes three aspects:impossibility of performance,impracticable performance and frustration of purpose.In this regard,the principle of force majeure and the principle of change of the situation are mainly used in China to amend the principle of strict adherence to the contract.Article 107 of theGeneral Principles of Civil Law states,"the one shall not bear the civil liability in case of failure to perform a contract or damage to a third party if it is caused by force majeure".Article 117 of the Contract Law also provides that,"if the failure to perform a contract is caused by force majeure,part or all of the exemption is allowed according to the influence of force majeure".The change of situation is mentioned in "judicial interpretation of contract law(Ⅱ)" of China.However,the above provisions are not specific enough to make it clear.The judicial practice has expanded the scope of"exemption from liability" somewhere,which thus undermined the legitimate interests of the other party.Therefore,this paper makes a comparative study on the frustration of contract purpose,force majeure and the change of situation,and hopes to provide some enlightenment for China’s relevant system.This paper is divided into six parts:Introduction:It sets forth the purpose and significance of the topic,and gives a brief analysis of the study status at home and abroad,and explains their own research methods,ideas,innovation and deficiencies.Chapter 1:It identifies the types of events on contract frustration and clarifies the concept of contract obstruction,which is called the frustration of purpose of contract.The chapter clarifies the development and changes of the system through tracing the relevant legal precedents of British and the frustration of contract.It also clarifies the concepts of the factors of frustration of contract,such as force majeure,change of situation,business risk and unfairness,as well as the concept of the frustration of purpose of contract in British contract law.Chapter 2:Objective situation with complex variability make the implementation of the contract difficult or meaningless.If we still follow the principle of "strict adherence to the contract",and continue to fulfill the contractual obligations,it will inevitably lead to a serious imbalance between the rights and obligations of the parties,resulting in conflicts between contract freedom and contract justice.The concepts such as the principle of frustration of purpose of contract,force majeure system,and the principle of change of situation proposed to solve the conflicts.However,how to accurately grasp the composition of various principles has become a particularly important problem in comparative study on later failure of contract in the contract law.Therefore,for the China’s and British contract law,it is necessary to explore the object of the contract criteria,unpredictability standards and the severity of the failure criteria.This paper compares the relevant systems of China and the Britain,and tries to explore the current contractual legislation in China by analyzing the relationship between the contract failure and force majeure,the contract loss and situation change,the situation change and force majeure,the situation change and the business risk,the situation change and the unfairness In the corresponding system.Chapter 3:The author makes a comparison between the judging standard of frustration of contract in China and Britain.As the objective situation is complex and changeable,thus the contract cannot continue to adhere to the performance and cannot continue to strictly adhere to the original contract content to fulfill the corresponding obligations.This not only may lead to the loss of the meaning of the transaction contract,and may dampen the enthusiasm of the main transaction,making the balance of balance loss.Concepts,such as principle o.f frustration of purpose,the system of force majeure,the principle of the change of situation,would apply to solve this contradiction.However,how to accurately grasp their criteria has become an essential problem in the comparison study of frustration of contract system.Therefore,under the contract law in both countries,it is necessary to explore the unfairness of frustration of contract’s unforeseen standards and the severity of the failure criteria.Through the comparison of relevant systems in China and the United Kingdom,a detailed analysis and exploration of China’s current frustration of contract system deficiencies is investigated.Chapter 4:The British system and the situation changes the legal consequences and procedures;then on the irresistible legal effect,the premise of exemption is the occurrence of force majeure and cannot fulfill the contract,which cannot be consistent with the implementation of the British contract law;Finally,through the situation changes and force majeure system in the legal process of comparison,the principle of the situation to apply for the lifting of the contract,does not necessarily lead to the parties to the exemption.Chapter 5:Through the above comparative analysis,analysis of the current relevant legislation regret.One is that the relevant system of frustration has yet to haveclear legislative provisions;the second is the concept of partial frustration system is not scientific;third is the situation change system there is a lot of legislative loopholes and enhance the space;Fourth,the force majeure system also need to learn from the British contract legislation in a timely manner Complements.Through the analysis of the whole paper,the author puts forward some suggestions on the legislation of our country.The first reference to the mature provisions of the British law,the situation changes in theprovisions of the code is being compiled in the "Civil Code".Second,by summing up the relevant provisions of the British case law,China’s contract legislation provides a useful reference in the definition of the relevant legal concepts.Thirdly,the objectivity of "situation" is defined as the possibility of legislative operation;and the time of"significant change in objective situation" is proposed,and it is suggested that the provisions of English law should be perfected with reference to the provisions of English law.At the same time,to further consider the limitations of its application.The fourth reference to the British law,in the "Civil Code" compilation or "contract law"interpretation,clearly predict the degree of recognition criteria;and in the definition of exemption from the scope of liability,drawing on the British contract cannot be arbitrarily expanded;given force majeure legal consequences Of course,all exempt from liability for breach of contract should be treated as a degree of force majeure.Chapter 6:Conclusion and outlook of the study are made.