A Study On Civil Liability For Breach Of Contract Obligations

Article 92 of the contract law of China stipulates the post-contract obligation,which refers to the obligation that a party should perform in order to maintain the effect of contract performance after the termination of contractual rights and obligations.However,there is no clear stipulation on the liability for breach of the post contractual obligation,which makes the post contractual obligation a soft clause of "no right to remedy".This also brings some confusion to the judicial practice in dealing with a large number of such cases.There are three kinds of common problems in the trial of a case,which are as follows:first,is there any post-contract obligation in the case?Second,how to define the post-existence contractual obligations?Third,what kind of responsibility should be undertaken after the breach of contract obligations?Compared with other obligations in the group of contractual obligations,post-contractual obligations have their own unique nature of obligations and value functions,which make them distinct from their obligations.However,it is not only because the latter contractual obligations are different from other obligations that the latter contractual obligations are separately listed.On the contrary,it is said that other forms of obligations cannot fully cover the generation stage,function of obligations,relief methods and other aspects of post-contractual obligations.Post-contractual obligations are irreplaceable in terms of this function and value.For the behavior of breach of contract obligation,the theoretical circle in China has not reached a unified understanding of what kind of responsibility it should bear,mainly because there are the following theories:liability for breach of contract,similar to the liability for negligence in contracting,tort liability and post-contract liability.After comparative analysis,the author is more inclined to agree with the fourth point of view mentioned above.From a macro perspective,post-contract liability is part of the whole system of contract liability.When analyzing and determining its constitutive elements,the contrastive composition of contract liability should be considered,and the impact of the unique attributes and characteristics of the latter contract liability on its composition should not be neglected in the process of identification.Therefore,generally speaking,there are four elements for constituting elements of post-contract liability:the act of violating the post-contract obligation,the consequence of damage,the causal relationship between the act and the consequence of damage,and the subjective fault.In the contract law,China has not made a clear explanation about the way of bearing the post-contract liability.Therefore,it is suggested that the contract liability should be ascertained by comparing civil liability.This is on the premise of the existing relationship between the parties to treat the payment,in the case of non-performance to treat the payment,that there is no simultaneous performance of the right to defend;The time when the post-contract obligations arise after the end of the contract does not reflect the relevant content in the contract.The party to the subsequent breach of contractual obligations shall be liable for compensation for the losses thus caused,or,where it is possible for the contract to continue to be performed,it may require the party to continue to perform at that time.In general to perfect after contract commitments can be made as follows:first,to contractual obligations after comprehensive definition:to protect the rights and interests of contract to the other party,the parties of the contract,the contract after the duty set right,in order to comply with the original nature of the contract,still should according to the principle of good faith,in line with the trading habits,but for or not for a certain behavior.Secondly,the content of the post-contract obligations in the laws of other departments and the specific provisions of the contract law should be clearly defined as far as possible.Third,judicial organs at all levels can conduct a typed and generalized summary of cases related to post-contract obligations in judicial practice,and the supreme people's court can release guidance cases in real time or improve the operability of post-contract obligations through judicial interpretation.But in the contract law should add after the contract responsibility content,may set in the contract law seventh chapter to be more suitable.But at the same time,considering that there are many similarities in the specific ways of bearing the post-contract liability and the liability for breach of contract,it can also be interpreted by law,such as the judicial interpretation of the supreme people's court or even the legislative interpretation of the legislature.In addition,the guiding cases can be issued first to centralize the trial ideas and unify the judgment standards,and then the contract liability and the way of bearing the liability can be clarified in the way of judicial interpretation.