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Damages for breach of derogation rules apply

Author: LiShanNa
Tutor: ShenJianPing
School: Heilongjiang University
Course: Civil and Commercial Law
Keywords: breach of contract Damages Detract from the Rules
CLC: D923.3
Type: Master's thesis
Year: 2010
Downloads: 156
Quote: 1
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Abstract


Breach of contract damages rule is a very important national contract law rules. Violation is entered into the contract the parties often happens after a behavior occurs when the default behavior will inevitably involve the question of damages. Breach of contract damages during the time If you always held the responsibility of the party in breach would be obviously unfair sometimes, when we need the use of derogation rules. Derogation from the common law rule is developed for an old rule. China in the "Civil Code" section 114 of the derogation provided for the first time, the rules, "Contract Law" Article 119 of the Rules of the provisions of the development done. But these two are the principle provisions, general provisions, in practice, maneuverability, and therefore the legislative and judicial practice in response to breach of contract damages are to further improve the impairment rules.In this paper, to derogate from the rules of the legal concepts and legal nature as the starting point, by derogation from rules and comparative analysis of the relevant rules and regulations of the reasonableness impairment of orientation, and detract from the types of measures are discussed. Detract from the main types of measures are an alternative transaction, stop performance, the defaulting party has made a new offer, continue to perform the four. Attempt to derogate from the rules to make a comprehensive introduction on how to improve our final damages for breach of derogation from the rules put forward some of their ideas. Derogate from the rules in the "reasonable judgments," the specific implementation measures, and impairment costs need to be improved.

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