A Study On Application Of Repair And Replacement In Chinese Contract Law

With the increase of the proportion of contract cases,it becomes more and more important to understand and apply the provisions of contract law.In the sale and purchase contract,if either party fails to perform the obligations of the contract or fails to fulfill the contractual obligations,it shall be liable for breach of contract.And repair,replace the two default relief way or referred to as the concrete forms of actual performance,not only save the contract,make it smooth performance of the finished part,also is of great significance to protect the interests of the buyer.However,due to the current contract law and relevant judicial interpretation,it is relatively simple to repair and replace the regulations,and the judicial practice has different understandings and views on the specific application of repair and replacement.Subsequently,it caused the emergence of the embarrassing phenomenon of "different judgment in the same case" in practice.Moreover,the number of such cases increases with the development of the economy,and the number of contract transactions increases,and the conflicts of similar cases will increase.The author based on this,from a large number of cases of generalizations to repair,replace specific applicable characteristics in practice,to solve the judicial practice,to ensure the safety of transaction order and the interest of the both parties has important significance.This article is divided into introduction,business contract in the repair,replacement in the judicial practice application situation,standard repair,replacement for the analysis of the causes of the purpose and function,application range,Angle of the comparative law measures and practice reference and repaired change apply special problems of four parts.In the first part,the application situation of repair and replacement in order and cost is revealed by the analogy statistics of cases.Secondly,it summarizes the applicable characteristics of repair and replacement,combined with the contradiction of the application result of specific cases,and puts forward the problems existing in the repair and replacement.That is to say,this article needs specific research question.The second part,combining the above part of the problem,from two aspects of theory and judicial use interpretation study in the sales contract to repair,replace applicable problem what’s the point.The third part,from the internal relationship of repair,change,and this two ways with the option of belonging,betray a person to the right of defense,the buyer to repair rights issues such as the external relations of the two aspects,analysis of repair,replace the obstacles encountered in the judicial practice.That is,repair and replacement should not be considered in judicial practice.The fourth part,combining with case analysis,and from the perspective of comparative law,compared to the civil law of the subsequent performance of the system,the actual performance of the system of Anglo-American law system,as well as the international level of the European consumer goods buy and sell orders,such as the United Nations convention on the international sale of goods,the relevant provisions of the applicable way to analyze the context of these measures,and to put forward the perfect our country business contract in the repair,replacement of applicable measures.