Research On The Liability Problems Of The Bilateral Breach Of Contract

The liability of the bilateral breach of contract is a controversial issue in the legal and practical circles,and there are two views on its institutional value.Some scholars believe that there is no need for the bilateral breach of contract,because the existence of the right of defense,will not cause the problem of the bilateral breach in the contract law.However,some scholars believe that the bilateral breach of contract will not be eliminated,Because the exercise of the right of defense has its constituent elements,some disputes are not properly exercised in the exercise of the right of defense,And with the improper use of the right of defense,it leads to the bilateral breach of contract.Therefore,the liability system of the bilateral breach has the independent value.Although "The Contract Law" recognizes the concept of the bilateral breach,its provisions are more general,and because of different cognitive abilities,understanding is different,which will lead to judicial recognition is different,the determination of the case of the bilateral breach and the responsibility of both parties.In addition to the introduction,this paper is divided into three parts to study liability of the bilateral breach of contract:The chapter 1,begins with the principles of honesty and credit,rational expansion of contractual obligations,strict liability of contracts and urgent needs of judicial practice,indicating that the liability of the bilateral breach of contract has its theoretical basis and reality.secondly,through the interpretation of the concept of the breach of contract and the constituent elements of the bilateral breach,the connotation of the bilateral breach of contract liability is clarified,and the existence of breach of contract between the two parties under different forms of default is analyzed,which lays a foundation for the subsequent analysis of the application of the breach of contract liability of both parties;The concepts of confusing performance defense system,negligence rule and derogation rule are sorted out and compared,which shows that it is different from other concepts in terms of breach of contract,functional value and legal effect,Other concepts cannot completely replace the liability of bilateral breach of contract,and further affirms the independence of liability of the bilateral breach of contract.Chapter 2,details the specific situations in which the liability for breach of contract by both parties applies.Based on the jurisprudence in judicial practice,they explain from the perspective of exercising the right of defense and the nature of breach of obligation.The situations involved are more common disputes in complicated trading activities.Words,while interpreting the case,highlight the application of liability of the bilateral breach in contract;Chapter 3,first of all,the principle of liability for unilateral breach of contract should still be adhered to,that is,the principle of no-fault liability should be applied under normal circumstances,and the nature of different obligations should be considered,and the principle of fault liability should be reasonably applied;secondly,through the interpretation of the current law,It is clear that the liability for the bilateral breach of contract is independent.Not a general responsibility,Negligence offset is not used to deal with.After taking responsibility for each other,the applicable responsibilities should be offset.Finally,through the empirical analysis of the previous case,it is claimed that the bilateral breach of contract as a kind of breach of contract can still be based on the case.According to the specific circumstances of the case,the method of liability can still be used to continue to perform,terminate the contract,damages,pay liquidated damages and deposit penalties.