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The breach Liability principle of comparative

Author: KeMin
Tutor: JiaoJinHong
School: University of Foreign Trade and Economic
Course: Legal
Keywords: Imputation Principles Liability for breach of contract Principle of strict liability Damages for breach New Contract Law Fault liability principle Legal History Two Schools Common law Contract Law in China
CLC: D913
Type: Master's thesis
Year: 2000
Downloads: 455
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Abstract

Compensation for damages is the core of civil law, and the doctrine of attributing of liabilities in breach of contract is also the most important thing regarding the substance of compensation for damages (compensation for damages, the extent of compensation for damages and the calculation of compensation for damages). This is an interest of law experts of all countries; an often-discussed topic. This thesis presents a simple outline of the doctrine of attributing of liabilities in breach of contract.The structure of this thesis follows three items: the concept and significance of the doctrine of attributing of liabilities in breach of contract, comparison of individual countries’ principles, and the issue of fault in drafting China’s contract law. The latter two issues are the emphasis of this thesis. In the comparison of individual countries’ doctrines of attributing of liabilities, this thesis reviews the historical developmental process of the fault doctrine of attributing of liabilities of French and German civil law as a part of continental law whose origin lies in Roman law, discusses the economic foundation and legal basis established by the strict liability principle of the common law system as represented in England and America, compares the engendering backgrounds and developmental trends of attributing of liabilities in breach of contract of these two great legal systems, considers that it is undeniable that the two great legal systems adopt different principles under the doctrine of attributing of liabilities in breach of contract, namely the continental law system’s principle of fault liability and the common law system’s strict liability principle, but that the two great legal systems each experienced processes that followed intrinsic principles, underwent revisions, and then brought similar functions of adjustment into play. The goal of contract law is, in the final analysis, to standardize people’s lives, as a sort of national superstructure, and of course can, by enacting distinctly composed essential elements, achieve definite legal effects through causality of the law. However each has similar conditions of socioeconomic cultural life, providing similar foundations for adjustments for different legal regulations and principles, as well as putting forward the same requirements for adjustment, and for this very reason there have been many instances of the same goals being reached through different routes. In practice, the two great legal systems are in the process of merging with each other on the doctrine of attributing of liabilities in breach of contract . The third part of this thesis carries out a legal review of China’s doctrine of attributing of liabilities in breach of contract in its contract law both before and after the promulgation of China’s new contract law, determining that China had adopted a law of fault liability principle before the enactment of the new contract law and that it changed to the principle of strict liability in the new contract law. On the basis of analytical comparisons of the doctrine of attributing of liabilities as seen in continental law systems, as represented by those of France and Germany, with the same principle as seen in the common law systems of England and America, this thesis explains the doctrine of attributing of liabilities in breach of contract and <WP=6>discuss whether China should adopt strict liability, holding that China’s legislators should adopt a deliberative posture regarding this issue. This thesis considers, in light of China’s legal structure, judges’ quality, accepted legal practices, etc., that the adoption of fault liability would be appropriate.Chapter 1 is about the concept and significance of the doctrine of attributing of liabilities in breach of contract. The question of what "attributing of liabilities" is is therefore the foremost question of this thesis. This thesis considers attributing of liability as first and foremost in ascertaining liability, specifically judging who should be held responsible for the actu

The breach Liability principle of comparative

Abstract

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