On The Application Of Efficiency Breach Of Contract Rules In Our Country's Contract Law

Since the Chinese translation of bosner's economic analysis of law was published in China in 1997,and the theory of efficiency default was discussed in the book of liability for breach of contract and its comparative study by Lim professor,some scholars in China began to pay attention to and study the theory of efficiency default.Like other countries,China's attitude towards the theory of efficiency default generally shows two camps,the supporters and the opposition.Here,the author tries to evaluate and analyze the existing obstacles in the contract law from the legal theory and the background of the theory of efficiency default.This paper analyzes from the following aspects: the first is the basis and development of the theory of efficiency default,in order to clarify the social background,legal basis and basic content of the theory;Then,the relevant disputes about the theory of efficiency default and its analysis,through the analysis of the obstacles and solutions to the application of efficiency default theory in China,to explain whether the theory is really suitable for China's legal soil;Then the paper analyzes the application of efficiency default theory in civil law countries,from Germany,France,Japan and other major civil law countries to the efficiency default theory attitude,to obtain the actual implementation of this system.In conclusion,how should our country learn from and introduce efficiency default rules;Further through the analysis of the necessity of the application of the efficiency default rule in China,it is concluded that efficiency default has its own theoretical,economic and legal value;This shows the feasibility of the application of the efficiency default rule in China.Through this part,it shows that the legal soil of China is suitable for the development of this theory,and how the compensation rules for compensation for breach of contract arising from this theory can be reasonably applied in China.Finally,the author puts forward some suggestions on how to apply the theory of efficiency default in our country,and adopt these feasible suggestions in order to improve our judicial practice.