Research On The System Of Efficient Breach

In the legal environment where breach is generally not allowed,efficient breach still occur frequently,and even a number of judgments that in support of efficient breach came out.It’s because the current legal provisions are disconnected from the actual needs of society.For efficient breach have their legitimacy in China,we should not deny them all.By inducting conflicts of interest reflected in efficient breach,this dissertation try to establish an interest analysis framework to judge the current legal system and typical cases.It will also try to come up with some suggestions for amendments to unreasonable content in the efficient breach system.This dissertation is divided into four chapters,and each chapter is summarized as follows:Chapter 1st,conflicts of interest reflected by efficient breach.According to the characteristics of efficient breach and China’s contract law,the conflict of interest involved in efficient breach can be divided into two dimensions.One is the conflict between the individual freedom interest and the integrity interest.The other is the conflict between the individual freedom interest and the fair interest.Chapter 2nd,benefit measures in efficient breach.Firstly,most of the efficient breach do harm to integrity and fair interests,but some efficient breach are not contrary to the above two interests.Therefore,facing to efficient breach,the basic position of general opposition and exceptional support should be established.Secondly,the rule derived from the measurement of conflicts of interests is that efficient breach should be supported if and only if they are in the interests of integrity and fair.Finally,according to the established rules,various types of typical efficient breach were identified,and it was found that only efficient breach in the case of deal design and changes in circumstances should be supported.The rest efficient breach should be contained for violating of integrity interests and fairness interest.Chapter 3rd,judgment on China’s efficient breach practice.On the one hand,it should be affirmed that judges have paid attention to the important status of fairness and the integrity interests.On the other hand,the shortcomings are at the level of idea and rules.Firstly,there is a deviation in idea.It is reflected in the lack of clear measurement of integrity,fairness,and individual freedom interests,and judges haven’t delved into the reasons for the transformation of fair interests in transactions.Secondly,the rules are incomplete.It’s mainly reflected in the following.Firstly,the boundary between rule of situation change and high performance costsare unclear.Secondly,the order of application of the rules of continued performance and damages is unclear.Thirdly,the scope of punitive damages is currently too narrow.Chapter 4th,suggestions for perfecting the efficient breach system in China.On the one hand,at the conceptual level,not only should the integrity and fairness be ranked first,then the rank of individual free interests,but also legislators and judicial judges should be urged to determine their attitude towards efficient breaches of the case based on the reasons for the increased cost of performance.On the other hand,at the level of rules,there are three suggestions.Firstly,the rule of changes in circumstances and the rule of high cost of performance should be unified.Secondly,the order of continued performance and damages should be clarified.Not only should we respect the option of the compliance party,but we should also persist in the priority order of keep performing while the compliance party doesn’t exercise the option.Thirdly,to protect the legitimate rights of the compliance party better,the scope of punitive damages should be expanded.The punitive damages institution should be introduced in the field of contract law formally.