The Study On Compensation For Damage Of Contract

What is the termination of the contract? That is refers to certain facts or events happened when a contract are be performing and making the contract becoming unreliavable. Then after the one party or both parties expressed an agreement to make the contract o has no effect(to the future). The so-called compensation refers to a party for any reason to give the other party caused a loss, resulting in the loss of the party with their own property compensation for the loss of the other party a system. Through access to China’s law,it can be seen that the legislation of our country allows the claim of compensation for mental damage can be used at the same time when one party use the right to terminate this contract. Although China’s law of contract remedies to make provisions, but for the study it belongs to what nature does not make a clear explanation. In the case of default, the victim may receive compensation from the termination of the contract may have two forms, one form is because that part of the expenses for breach of contract and the economic status of the drop to the scope of compensation for the form, the second form is for the scope of compensation in the form of the contract for the benefit of performance is higher than that of the original state of the economy. China’s "contract law" clearly defined due to the termination of the contract the loss should be compensated, but the scope of the termination of the contract damages are not clear. Accord to the scholars of civil law in our country, there are two types of the compensation. For reliance interest doctrine or full compensation for. The author believes that according to the status of China’s legislation and economic development, China’s legislature should speed up the revision of the relevant contract law Legal provisions or the introduction of relevant judicial interpretation, so that the existing contract law is too flexible in part due to the restrictions, in order to facilitate the law in practice can be used unifiedly and effectively.