Research On Civil Liability For Violation Of Mandatory Contractual Obligation

In order to protect vulnerable groups interests and social public interests,oppose monopolyism,and realize the substantive justice of contracts,many laws stipulate the mandatory contractual obligations of relevant parties.However,the lack of civil liability rules for violating mandatory contractual obligations results in the phenomenon of different judgments in judicial practice.Moreover,the function of mandatory contractual obligations is weakened,and the legitimate rights and interests of the counterparty cannot be effectively relieved.It is necessary for the legislation to clarify the civil liability for violation of mandatory contractual obligations.Civil liability for violation of mandatory contractual obligations should be characterized as contractual negligence liability because it conforms to its scope of application and constituent elements.The premise of investigating responsibility for breach of contract is the existence of a valid contract.Since the obligor has no intention to reach an agreement,it is difficult to support the view that the obligor bears the responsibility for breach of contract.If it is characterized as independent responsibility,it lacks a sufficient theoretical basis and will also impact the existing civil liability system.The main reason for denying tort liability theory is that neither the academic viewpoint nor the law of our country recognizes that tort liability protects reliance interests,while violation of mandatory contractual obligations often leads to the loss of reliance interests.Compensation for damages should be the way to undertake civil liability for violation of mandatory contractual obligations.The court ruling to conclude a contract still means fulfilling mandatory contractual obligations.It is not a way of undertaking civil liability.In addition,the "resumption of service provision" and "change of user name" mentioned in the judgment should be understood as requiring the obligor to conclude a new contract.Apology is mainly applicable to the infringement of personality rights,identity rights,specific objects with personal significance,copyright and other fields.It should not be included in the way of undertaking civil liability for violation of mandatory contractual obligations.The scope of compensation for violation of mandatory contractual obligations should be limited to reliance interests and inherent interests.The different characterization of civil liability will lead to differences in the scope of compensation.Violation of mandatory contractual obligations should compensate the direct interests in the reliance interests.Opportunity benefits should not be compensated because of their uncertainty.In the case of loss of inherent interests,compensation shall be made in accordance with the compensation rules in tort liability.In this case,the scope of compensation may exceed the benefits of performance.