On The Contractor's Incomplete Performance Of The Liability For Breach Of Contract

In the judicial practice of our country,the failure of the contractor to perform the breach of contract mainly involves Article 122 and Article 262 of the Contract Law.However,the crudeness of legal provisions and theoretical explanations cannot fully solve the issue of contractual liability for breach of contract incompletely performed by contractors in judicial practice.This article analyzes some related typical cases from 1991 to 2017 to discuss the type of contractor's incomplete performance,the incomplete performance of the contractor ' s incomplete responsibility,and the way to assume the contractor's incomplete performance of the breach of contract..When the incomplete performance of the contractor at the same time infringes on the fulfillment interests and inherent interests of the ordering party,the tort liability and the liability for breach of contract will occur.Under this circumstance,according to the existing legal provisions of our country,giving rights to the injured party's right to breach one party's liability for breach of contract and tort liability does not fully solve the problem of contractor's incomplete performance of the breach of contract.This article believes that in this regard,China can adopt new laws and regulations to solve the problems caused by the theory of liability co-opetition.Where the contractor's incomplete performance merely causes the ordering party to perform the loss of interest,the provisions of Article 262 of the Contract Law are very rough and only stipulates that one of the constituent requirements does not meet the quality requirements.Such a rule may result in the contractor bearing an excessive amount of responsibility.In order to balance the interests of the contractor and the ordering party,the author believes that the contractor's liability for breach of contract that is not fully performed shall meet the following conditions: first The contractor has a fault in carrying out this behavior;second The deadline for the ordering party must be two years Internal claims.Article 262 of the “Contract Law” does not specify the position of various responsibilities in the provision of the contractor's responsibilities.This article believes that the ordering party can exercise the other relevant rights such as requesting cancellation of the contract only if it cannot claim repairs and remakes,and the two options in this case must be assigned to the person.