Research On The Judicial Application Of Liability For Breach Of Contract In China

In transaction practice,the parties do not always hit it off when the contract is concluded because they are subject to objective and realistic conditions or the subjective wishes of both parties.In order to meet the parties’ needs to fix transaction opportunities and retain transaction benefits,a pre-contract is introduced.The reservation contract system was first provided for in the Judicial Interpretation of the Contract of Sale in2012,and its legal status will be determined once again in the Contracts Title of the Civil Code in 2021.However,due to the relatively general nature of the existing legal provisions,the phenomenon of different judgments in the same case often occurs,and the application of the default rule in unified trial practice is imminent.This paper analyzes and compares various academic views on the rules of liability for breach of contract in reservation contracts from an empirical point of view,mainly using the case study method and the normative study method,while taking a certain number of cases from the reservation contract dispute cases that occurred during the period of National(2021.01.01-2021.05.01)as samples,by summarizing the difficulties in applying the rules of default by appointment in practice,we strive to combine theory and practice to find a way out to break the dilemma of adjudication,so as to achieve uniformity in trial standards.The first part describes the background and significance of the study,as well as the current situation of domestic and foreign research on the theory related to reservation;the second part mainly elucidates the basic theory of reservation contract,involving the overview of reservation contract and the legislative status of the liability for breach of contract in reservation contract and the controversy of judicial application;the third part is the empirical analysis part,selecting a certain amount of data according to certain principles,addressing the main controversial points in the theoretical community involving antecedent issues,clarifying the judicial cases;the fourth part summarizes the dilemma of judicial application of the rule of breach of contract by appointment,which is the primary problem to be solved in the following unified adjudication practice;the fifth part focuses on the improvement of the judicial application of the rules of breach of contract in reservation contracts,and gives suggestions for improvement in response to the above problems,which is the ultimate purpose of this paper.The innovation of this paper is to firstly classify the sample cases according to the legal effect of the reservation contract and summarize the common types of cases under each effect in practice,so as to facilitate judicial practice to judge the legal effect of the reservation contract by comparison and prepare for the subsequent assumption of liability for breach of contract.Secondly,when discussing whether the contract of appointment can be applied to continuing performance,the contract of appointment is further divided into four categories according to the completeness of its content,and the question of whether it can be applied is discussed separately.Finally,for the determination of the scope of damages,the dynamic system theory of Austrian scholars is introduced to dynamically solve the complicated problem of liability for damages for breach of contract of appointment in judicial practice.