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On The Responsibility Of The Parties

Posted on:2003-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:C X MiFull Text:PDF
GTID:2206360065963925Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Liability for conclusion of a contract means a kind of civil liability which should be born by one party due to the party's own fault,which violates the obligation in accordance with the principle of good faith,and leads to a non-established,null and void or revoked contract,and therefore leads to the losses of reliance interest to the other party in concluding a contract. Liability for conclusion of a contract is one of the reasons of obligatio,and it is independent. There are four requirements for liability for conclusion of a contract:a) one party violates the previous contract obligation ;b) the party violated obligation is at fault;c) the aggrieved party suffers losses ;d) there is causality between the behavior which violates obligation and the losses .The form to bear liability for conclusion of a contract is to compensate for losses,and the scope of compensation will be different according to the applying scope .The liability for conclusion of a contract can't be exempted because of force majeure ,but when the force majeure occurs ,abiding by the principle of fairness seems to be more accordant with fairness ,good faith and original intention of legislation of liability for conclusion of a contract.
Keywords/Search Tags:liability for conclusion of a contract, Independent character, Liability and force majeure
PDF Full Text Request
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