The Study Of Price Reduction In The Contract Law

Price reduction,which originates from actio quanti minoris in Roman Law,could be a crucial remedy for buyers.However,the current law of quanti minoris in our country is too rough,that has caused confusion in judicial practice.On the other side,it additionally provides the likelihood to construct it in theory.On the premise of our country’s existing theoretical analysis,this paper uses foreign law for reference,and discusses the particular construction of quanti minoris in our country’s law.This paper chiefly includes the subsequent parts:The first part is to raise queries.It introduces the historical evolution of quanti minoris concisely,classifies and summarizes the issues within the application of quanti minoris in our country’s judicial apply,and pave the manner for the subsequent targeted discussions;The second part is the thought and performance of quanti minoris.It explains the central thought of quanti minoris——"worth every penny" through the link between payment obligations and treatment payment obligations,analyzes the worth of quanti minoris from the angle of law and economics,and discusses through comparative law analysis and current law interpretation,responding to questioning of it can be replaced by the damages,clarifying the distinctive perform of quanti minoris in Chinese law;The third part is regarding the character of price reduction rights.Owing to clarifying the character of quanti minoris is the requirement for the proper application,it compare the characteristics of formation rights with the characteristics of price reduction rights from the angle of informative theory.Since the the legitimacy of the right of formation is be refuted,it demonstrates the legitimacy of the right of claim;The fourth part is that the specific application of quanti minoris.This part chiefly solves the matter of decisive the constituent components and the quantity of price reduction.It disscuses a lot about the concept of nonconformity,whether reperformance is the predecessor,the subject of the right of reduction and the concept of acceptence.By comparing and analyzing the calculation formulas,the proportional calculation method that fits quanti minoris concept best is selected;The fifth part is concerning the link between quanti minoris and different remedies.Combining the positioning of the defect guarantee and on base of calculation formula mentioned above,it discusses the application order and choice of quanti minoris and damage,also clarifies that quanti minoris and damage to inherent interests can be used together.Through the interpretation of the current law,it is concluded that the difference between the application of quanti minoris and termination of the contract is mainly whether the degree of nonconformity has reached the conclusion that the purpose of the contract cannot be achieved.