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The Remedy of Specific Performance for Breach of Contract

Author: YuanJing
Tutor: MaXinYan
School: Jilin University
Course: Civil and Commercial Law
Keywords: Actual performance Damages Breach Remedy system The moral constraints of the contract Efficiency
CLC: D913
Type: Master's thesis
Year: 2010
Downloads: 118
Quote: 1
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Abstract


Actual performance is a time-honored system of remedies for breach of contract law remedies . The system of civil law remedies for breach , actual performance status is priority in damages , and actual performance in the common law system is only complementary equitable relief . In our system of remedies for breach of contract law , the legal provisions for the actual performance and damages , and to take remedial measures to coordinate relief . I believe that the understanding of the actual performance is closely related to the interpretation of the concept of the contract , its meaning and value , not only in the academic practice should also be given adequate attention . From the point of view of the empirical analysis first compared the differences in the actual performance of the application and status in the Two Schools of default relief system , and summarized the actual performance in the history of the relief system of contract law on breach , system status quo . While combing the institutional context , and strive to analysis from the deeper levels of the actual performance of the Common Law and the Civil Law and our system of remedies for breach of legislation causes . Papers the next from the point of view of jurisprudence and law and economics , through another system with the remedies for breach remedies - damages comparison demonstrates the actual performance of legitimate and rationality . Finally, before analysis , feasibility studies, the author of a number of ideas put forward for the actual performance of our system of remedies for breach of legislative status quo .

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