The Study Of Efficiency And Justice Of Remedies For Breach Of Contract In The International Trade Contracts

After the international trade contract is signed, if either party fails to fulfill a contract, it will bring economic loss to the other party. The injured party must take remedial measures to recover the economic loss he has suffered. The remedial measures for the breach of contract are the important right which is protected by contract law for the injured party to enjoy when the other party is in breach of contract. Because the aim to conclude a contract is to get the economic interests for the parties concerned, while the aim to take the remedial measures for breach of contract is to make the damaged economic loss of injured party be compensated impartially. And then the injured party can get the economic interests by being put in as good a position as he would have been in had the contract been performed. Therefore, the remedies for breach of contract must have both the obvious attributes of value of efficiency and justice. The value of efficiency of remedies for breach of contract emphasizes on the attribute of economic interests, while the justice of it emphasizes on the balance of rights and obligations of parties concerned. Both of them are indispensable and complement each other. Only in this way, the legal rights of injured party can really be protected by law, and then the legal value of remedies for breach of contract can be fully embody.There are four Chapters in this thesis. Chapter One mainly introduces the value of the efficiency and justice of the remedies for breach of contract and their effects. Chapter Two and Part Three fully compares and analyses the relative legislations on the efficiency and justice of remedies for breach of contract in the international conventions, usage customs, the two legal systems and our country respectively. Chapter Four focuses on analyzing the problems in the legislations of contract in our country at the moment, and puts forward relative legislative thoughts and suggestions.By analyzing and comparing the relative provisions on the domestic legislations in our country and in other countries of the world, and international unified legislations, the thesis finds that though the principle of remedies for breach of contract in Contract Law of our country has shifted from punitive to compensatory, the remedies for breach of contract in our Contract Law has not been paying enough attention to the efficiency of the parties concerned,while comparing with legislations in the western countries which emphasize on efficiency, and in the international conventions which emphasize on protecting the rights of the parties concerned. And then it can lead to injustice to some extent.According to these problems, the thesis suggests Contract Law of our country should comply with the trend of international legislations and judicature more strictly. Then take more account of remedies for breach of contract and put more emphases on them in the point of efficiency. Meanwhile, we should pay more attention to the justice of remedies for breach of contract with regard to the phenomenon of unbalance of efficiency, rights and obligations which arise from all kinds of reasons. For example, take advantage of the characteristics of the efficiency of compensation for damage and justice of specific performance reasonably. We not only take the efficient breach into account to confirm whether it has the room to exist, but also maintain the balance of the rights and obligations of the parties concerned and other problems of legislative justice.