Dissertation
Dissertation > Political, legal > Legal > Chinese law > China and France > Contract Law

On the Scope of Damages of the Rescission of a Contract

Author LinQingQiang
Tutor TanQiPing
School Southwest University of Political Science
Course Civil and Commercial Law
Keywords Termination of the contract Damages Retroactive effect To fulfill the interests of Reliance interest Foreseeable principles
CLC D923.6
Type Master's thesis
Year 2009
Downloads 385
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The termination of the contract system is an important system in the modern contract law. China's \Especially for damages Upon termination of the contract are not clearly defined, often lead to judicial decisions vary, not only directly affect the maintenance of the interests of the parties, but also seriously undermine the authority and universality of the law. In this paper, through a comparative analysis of the doctrines the legislation of the various countries, regions and international conventions, the termination of the contract system, to re-examine our defects exist in the termination of the contract system and confusion. Lift with or without retroactive effect, clarification of the contract, the termination of the contract the right to claim damages nature, as well as the termination of the contract on the basis of the constituent elements of damages, damages for trying to lift our contract range to make a clearer answer to our contract lift system for improving the theory to be useful, but also to provide the direction of thinking is extremely unified judicial practice. In addition to the introduction, the paper is divided into four parts, about 33,000 words. The first part of the termination of the contract and damages coexist. On the termination of the contract and damages ability to co-exist, there are two theories - Select 'coexist'. Select the doctrine to meet the the concept law of logic preferences, but at the expense of the just demands of the law, that suffered criticism from the beginning of the birth, is called \Coexistence of the belief that the damage of the termination of the contract, as an objective fact exist, should not vanish due to the release of the contract, termination of the contract and damages should coexist. From the protection of rights, the function and purpose of the system, as well as the legislative practice speaking, I agree with the coexistence of the doctrine. The second part, the contract is terminated and the basis of the right to damages. The termination of the contract the right to damages based solution to this problem, first find out whether the termination of the contract with retroactive effect. The article believes that the termination of the contract takes effect only to the future, not to fulfill the debt no longer perform, has to fulfill the debt is not extinguished by the termination of the contract, the bonds of relationship still exists, and that the termination of the contract does not have a retroactive effect. Therefore, based on the protection of the interests of the covenant people and respect for objective facts, after the termination of the contract, damage compensation claims should be based on the debt not fulfill damages nature belongs to the breach of contract damages. The third part of the termination of the contract the constituent elements of damages. Termination of the contract does not necessarily damage occurred, the termination of the contract does not necessarily exist in damages, damages to be established after the termination of the contract, are required to meet certain conditions. Belonging to liquidated damages in the nature of the termination of the contract damages, and therefore must have three constituent elements: a causal relationship between the fact of the termination of the contract damage accident, damage to the termination of the contract, the facts and the damage. Only when these three elements are met, the victims were in the termination of the contract can claim damages. The fourth part of the termination of the contract the scope of damages. This is the focus of this article. In this section, I first Li Jianwu not find the actual destination of the twenties and thirties of the Chinese reality mainstream wandering, in 1931, he relies on the help of her father's generation and the friends and family of be successful abroad. In the two years of study in France, on the one hand, he day and night reading Flaubert, the works of Moliere, Stendhal, the impact of foreign literary and artistic trend he goes beyond the horizon of the general literature; On the other hand, far from the reality of China at that time, he did not have to trend trend at the time and laborious to catch up with the prevailing literary trend, so he has more time to practice the techniques and styles of his own creation. Completed during his stay in France, the most important of a three-act play, \occurred in the context is no longer a city, North China countryside village in the town \Therefore, the \

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