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The Pilot Srudy of the Efficient Breach

Author: BaoLiHong
Tutor: LiuYinLiang
School: Inner Mongolia University
Course: Civil and Commercial Law
Keywords: Economic Analysis of Law Efficient breach Efficiency Free
CLC: D913
Type: Master's thesis
Year: 2008
Downloads: 153
Quote: 4
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Abstract


Efficient breach is British and American law of contract theory is one of the important content, is the western economic analysis of law and the rise of the development of the civil law of the mature theory. Economic analysis of law comprehensive economics, sociology and law of contract behavior for the deep research and interpretation, in their view economic benefit is established on the basis of the method, is also the method for the service target, the role of the method is to help people make a benefit of behavior choice. The idea of economic benefits can help to get as good or bad judgment method of the standard. Breach of contract and efficiency in maximizing the private purpose, save the transaction cost and maximize allocation of social resources this contract target in the pursuit of value, not only become the common law countries contract law theory, in France, Germany, Japan and other countries of continental law legal system has also been recognized and applied. Our country the research and discussion is in constant in-depth. This paper reviews the development of efficient breach of its constituents, classification, theory basis and value foundation learning, and reveals the value and legitimacy of law of our country, legislation and judicial practice of the contract related to put forward some plain suggestion.

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