Damages For Breach Of Notification Obligation

Article 60 of the contract law of the People's Republic of China(hereinafter referred to as the contract law)stipulates that the parties shall abide by the principle of good faith and perform obligations such as notification,assistance and confidentiality according to the nature and purpose of the contract and the transaction practice.The obligation of notification is one of the obligations that the parties must abide by.The damages for breach of the obligation of disclosure generally involve contracting fault and fraud.The legal consequence of the fraud is to withdraw and return to the state before the fraud.Contracting negligence in China's existing laws do not clearly list the specific way of compensation,but the basic way to bear the liability for contracting negligence is damage compensationOur country "contract law" article 42 of the first and second item lists the two parties in the case of deliberate the contracting fault liability,but the academic circles have many scholars put forward fault in violation of the inform obligation can also constitute the contracting fault liability,and the contracting fault liability may be brought back to contract conclusion request the state of the property damage compensation,this kind of damage compensation is the essence of contract cancellation However,the current law of China has clearly defined the reasons for the annulment of the contract,either the exercise of the right of rescission or the exercise of the right of rescission.The premise of the right of revocation of fraud must be intentional fraud,and the cause of the right of revocation is also clearly defined.The legal consequence of the annulment of the contract caused by the violation of the obligation of disclosure caused by the admission of negligence is no doubt that the disguised admission of negligence and fraud can also lead to the rescission or cancellation of the contract Therefore,it is an inevitable major issue in the system of contract annulment whether and to what extent the compensation for damages resulting from the legal consequences of contract annulment should be recognizedBased on the summary and arrangement of the trial practice,this paper finds that the breach of the obligation to inform can also lead to the annulment of the contract,and discusses the feasibility of the breach of the obligation to inform causing the annulment of the contract in combination with the system of contracting fault and the system of fraud in China's current law.According to our country's relevant laws and theories trying to build contract abolition of the system theory,discussed the possibility of negligence caused the contract in violation of the inform obligation abolished,examine the possibility of fraud,fault and discuss whether can expand the use of major misunderstanding will representor due to the other party to violate the inform obligation to make mistake intention into the major misunderstanding the meaning ofFinally,the author puts forward two measures to perfect the damage compensation for breach of the obligation of disclosure.First,distinguish the application of negligence fraud in the field of general civil law and the field of special civil law,that is,recognize negligence fraud in the field of consumer protection law;Second,define the meaning of "restitution" to reflect the true meaning of "restitution",so as to restore the rights and interests of both parties to the state before the conclusion of the contract and finally achieve the legal effect of annulment of the contractIn addition to the introduction and conclusion,this paper is divided into three parts,the ideas are as followsThe first part is to search and sort out the cases on the Internet of Chinese judgment documents,to explore the relationship between the breach of notification obligation and the annulment of contract from the existing judicial practice,and to explore the conflict between the right of claim for compensation caused by negligence fraud and the existing system of annulment of contractThe second part is the theoretical construction of contract abolition of the system,first of all,from the existing contract law system in our country to find the problems,then break the inform obligation to cause contract abolition of feasibility research,mainly from the possibility of "fraud" fault,major expansion of misunderstanding for these two aspects to demonstrate whether can be caused by violation of the inform obligation contract abolition.The third part is to investigate the relative measures,to violate the inform obligation for damages by revising the current contract to cancel or terminate the system,distinguish between the general and special civil law in the field of civil law in the field of practice,and then define the meaning of "recover" to ensure that the system of fraud in the civil law system,the system of contracting negligence,or termination of the contract cancellation rules between logic and integrity.