On The Price Reduction Rule In The Contract Law

Article 111 of China's "Contract Law" stipulates the price reduction rule,but only the text of "price reduction" is expressed,and there are no further detailed provisions,in addition to the interpretation of the applicable law of the Supreme People's Court on the trial of disputes over sales contracts.The calculation method of price reduction is specified in the article.This is the main stipulation of the legal content of the law in China.Therefore,the legal provisions on price reduction are very imperfect in China,which leads to the confusion of the application of the price reduction rule in our judicial practice.The legal interpretation of the price reduction is in the academic The differences in views in the world are also relatively large.However,the lack of legal provisions just indicates that the price reduction is a great possibility as a legal rule in Chinese law.Therefore,it is necessary to ask the specific meaning of the price reduction rule in our country's law and how it should be applied to the law.The price reduction rules first came from the lawsuit of price reduction in Roman law,which was accepted by most civil law countries in later generations,but the interpretation in Chinese law should be carried out according to the specific context of Chinese law.Based on the existing theoretical research in China and the comparative law,this paper discusses the complete constitution of the price reduction rule in our country.The content of this paper is divided into five parts,which are the introduction,the legal content of the price reduction rule,the legal application of the price reduction rule,the applicable relationship and the conclusion of the price reduction rule and damage compensation,etc.The following is the main content of this article:The first part of the preface puts forward the problem awareness of the whole article,and determines the issue of “the legal content of the price reduction rule and how its specific law should be applied” is the main focus of this paper.The second and third parts of "the legal content of the price reduction rule" are based on two theoretical foundations,one is the essence of price reduction,and the other is the two-stage distinction between price reduction and price reduction implementation.This part mainly includes the nature of the rights of the price reduction right and the process of the implementation of the price reduction.Thedispute over the nature of the right to reduce the price is reflected in two differences between the right to claim and the right to form.The dispute over the process of price reduction is reflected in the two differences between the contract dismissal and the contract change.The theoretical controversy of Chinese academic circles is closely related to the reference to German law.After combing,analyzing and commenting on the theoretical differences in Chinese law,it is necessary to examine the legal logic structure of price reduction in German law.In Chinese law,the dispute over the nature of the right to price reduction is still relatively large,and the logical basis for the implementation of price reduction in Chinese law is generally considered to be incapable of drawing on the structure of German law analogy to contract cancellation,because Chinese law does not exist.Such a legal system is linked.Therefore,the contract change theory is supported by the majority of the academic community as the logical basis for the implementation of the price reduction.In fact,the contract change theory is the result of the interpretation of the theoretical integration of judicial practice in China,and the combination of the price reduction right and the contract change theory makes the two logically not the same,but separated from each other.This is reflected in the fact of the combination.On the two stages of distinguishing the implementation of price reduction and the implementation of price reduction,the discussion in this paper is based on a clear explanation of this theoretical structure.The right of claim has been proved to be inefficient and cumbersome through the practice of the old German civil law,while the right to form has a more efficient relief efficiency,and its formation rights are linked to the contract cancellation system,which is reasonable.It is reflected in the mechanism of the follow-up performance period set by the cancellation system after the exercise of the price reduction right.On the basis of the rebuttal of the claim,this paper supports the formation of the right to say that the contradiction of the claim is to hope that the seller's consent,and the formation of the right is not only efficient,but also meets the following legal basis,That is,the failure to comply with the agreed performance leads to the occurrence of liability for breach of contract,which results in the relief needs of the observant party and the remedial obligation of the defaulting party.Of course,the formation of the right to form is due to the balance of interests between the parties,and needs to continue to be implemented as a buffer mechanism.This is imperfect in China's current legislative provisions,but it can be obtained through technical interpretationfilled by legal loopholes.This article supports the contract change theory,but believes that its explanatory power lies in the fact that it is difficult to ascertain and the contract content is difficult to determine.In this case,the contract change is used as a remedy.The legitimacy comes from the performance of the contractual obligations between the parties.The requirement is also the inevitable logical result of the exercise of the right to form,and it is reasonable for the performance of the contract between the parties.In the litigation stage,due to the observance of the principle of autonomy of will,the judge can not initiate the price reduction according to the ex officio.Only when the parties propose to apply the price reduction,the judge can lead the price reduction process.In the process,the judge should still respect the party autonomy to the maximum extent.If the price reduction is not successful,the contract cannot be decided directly.The fourth part of the law application of price reduction mainly solves four problems,namely,the scope of the type of contract applicable to the price reduction,the constituent elements of the application of the price reduction,the applicable relationship between the price reduction and other legal norms,and the calculation method of the price reduction,etc.The content draws on the comparative research.First of all,the scope of the contract type applicable to the price reduction mainly solves the problem that the price reduction is generally applicable or applied in the Chinese law.Therefore,it also involves its legislative style.This paper believes that the Chinese law reduction system can be applied generally.For all contract types.Secondly,the constituent elements of the price reduction mainly include the performance of non-conformity,the continuation of performance,the failure of the right holder to accept the non-conformity,and so on.In the process of interpreting these two components,the following conclusions can be drawn: the price reduction can be widely applied to various types of performance that do not conform to the agreement,and the typical situations such as quality,quantity and rights are discussed in detail.From the opposite side,the discussion on the establishment of the price reduction can draw the following conclusions: First,do not find that the seller is at fault;second,the buyer has paid or not paid the price;third,the disclaimer is not fulfilled.In some cases,the person has the right to request a price reduction.This paper believes that the price reduction and the continuation of performance have a successive application relationship,and only if the continuation of performance is notrealized,the price reduction can be applied as a subsequent and supplementary relief method.Regardless of the legal relationship or the functional relationship between the two,both the price reduction and the damage compensation cannot be applied in parallel.After clarifying the applicable relationship between the price reduction and the continuation of performance and damages,it reveals that the normative function of the price reduction rule is minimal,but also has Unique meaning.Part of the calculation of the price reduction,the paper supports the proportion,the proportional expression reflects the fact that in the case of performance flaws,the objective value can meet the expectations of the parties when they conclude the contract.And the proportionality is conducive to highlighting the difference between the price reduction and the damage compensation calculation method,and also facilitates the integration of legislation and international standards.As for the determination of the time limit for the calculation of the price reduction,whether it is based on the conclusion of the contract or the time of delivery,since the ultimate purpose is to fully remedy the failure of the parties to comply with the agreed performance,the effect of the two applies is not significant,but only There are differences in the path,and China's current delivery is unobjectionable.The concluding remarks mainly summarize the content of the full text,and put forward specific legislative proposals,mainly referring to the nature of rights and the logic of realization of the price reduction right,and it is necessary to legislate to clarify the applicable order of the price reduction.