On The Application Of Article 110 Of Contract Law

In judicial practice,there is no clear standard for the determination of the application of Article 110 of the contract law,which makes the judgment judge’s subjective discretion too large and there is an abuse phenomenon.In addition,the court regards the theory of efficiency default as the standard of consideration for the adjudication of contract disputes,considers the maximization of benefits,and makes the application of Article 110 normal,causing the breach of contract to inevitably dissolve the solidification model of the contract.However,the author believes that the contract must be kept and the integrity is still the value we insist on pursuing.It is necessary to discuss whether to limit the application of this article and to summarize the measures that limit the application.This limitation is not intended to exclude the application of article 110 of the contract law,but rather to raise the level of its application and ensure true fairness in the results of application.The contents of this article include: The introduction part introduces the reasons,research objects,main purpose,purpose,and innovation of this paper.The first chapter summarizes the experience of judicial practice and puts forward the questions to be proved.The second chapter summarizes the views of the case judges in recent years and analyzes the current practice and theory of the application of Article 110 of the contract law.Chapter III focuses on the theoretical basis for the argument that article 110 should be limited in application,and clearly limits the need for the application of article 110.Chapter IV provides an in-depth analysis of how to limit the application of article 110,discusses specific measures to limit its application and summarizes the conditions for its application.Chapter 5 summarizes the whole text and clarifies the final view on the application of Article 110 of the contract law.That is,the loss of the party that complied with the contract can be reasonably compensated as an important consideration for the application of Article 110,and the effect of the parties ’conviction is truly achieved.