| The system of price reduction refers to the system that when one party performs the contract and does not agree with the contract,the damaged party can request the other party to reduce the price to assume the liability for breach of contract according to the nature of the target and the size of the loss.This system has a long history,as early as the Qin and Han dynasties,now in various countries in the civil legislation is widespread.There are still many controversial points about the reduction system.First of all,from the nature,the nature of reduction liability is a kind of liability for breach of contract,rather than the liability for guarantee of defects.On the right attribute of the right of reduction has always been different opinions.The views on this issue in the civil codes of Germany and Japan have also changed with the changes of legislation.At present,our country generally thinks that the right of reduction belongs to the right of formation,but according to the original intention and the way of exercising the right of reduction,it is more beneficial to give play to its due role and protect the legitimate rights and interests of both parties of the contract.Compared with "right of formation" only expressed in unilateral can exercise the rights,to be sure for the right of claim in the defects of the contract compensation problems can reflect the parties more autonomy,and other modes of liability for breach of contract assume complement each other,for a variety of ways to make up for the loss of the resulting from a breach of,also not too expansion damage the rights of a party.It is more in line with the principle of fairness and autonomy of will in civil law,and it is more reasonable in practice.After the exercise of the right to reduce the price,the original contract actually has the effect of contract change rather than contract rescission,so the exercise of the right also has specific elements.The choice of proportion as the principle of difference as the exception of the most appropriate point of view.The algorithm takes into full account the difference between the purpose of the contract and the residual value of the contract after the defective performance,and also takes into account the factors of market price fluctuation,which can protect the legitimate rights and interests of the two parties to the greatest extent. |
