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On the system of fundamental breach

Author: FengBo
Tutor: ZhaoKeXing
School: Zhengzhou University
Course: Legal
Keywords: Fundamental breach of contract Common law Civil law Constituent elements Responsibility
CLC: D923.6
Type: Master's thesis
Year: 2007
Downloads: 201
Quote: 1
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Abstract


Fundamental breach concept originated in the English common law , expressed serious breach of contract . Now has developed into an important international legal system . Therefore , improve the system of fundamental breach of Contract Law in China is of great significance , including the legal and practical significance . This article consists of four parts : The first part is a fundamental breach of legal overview . Fundamental breach of foreign laws and international conventions in fundamental breach of contract law for a brief introduction to the concept of fundamental breach . Fundamental breach of the system began in the United Kingdom , as early as in the 19th century , the English courts began to contract terms according to their degree of importance of the severity of the area is divided into \fundamental terms , \The second part is a fundamental breach of the constitutional elements of theory development , explore and classification . Fundamental breach of the constituent elements theory into the terms of doctrine and consequentialism . Violation of the terms of the conditions is a fundamental breach of contract , otherwise it is not a fundamental breach of contract . With the development of the practice , \Consequentialism is based on the consequences of the breach to determine whether it constitutes a fundamental breach of contract . Serious consequences of default , the non-defaulting party the purpose of the contract can not be achieved is a fundamental breach of contract . The article also raised the point of view of fundamental breach of the constituent elements include subjective fault . The third part is a fundamental breach of contract responsibility and remedies , including termination of the contract , damages , Disclaimer . The fourth part is the thinking of the system of fundamental breach of contract law , contract law does not explicitly use the concept of fundamental breach analysis to improve the significance of the system of fundamental breach of Contract Law in China and the Analysis of the system of fundamental breach of Contract Law in China . The proposed system of fundamental breach of the Contract Law of China a number of recommendations , advocated to improve the system of fundamental breach of contract law , in order to better communicate with international norms and standards of international practice .

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