A Comparative Study Of Remedy For Breach Of Contract Between China And America

In the contractual legal relationship,how the party who suffered damage due to the other party’s breach of contract should obtain relief has always been one of the basic issues of contract law.Regarding the issue of relief for breach of contract,different countries have different means of relief.This article compares the breach relief systems of China and the United States to discover the differences in breach relief between the two countries.A comparative study of the relief systems of the two countries can give us a comprehensive understanding and understanding of the US.breach relief system,which is not only conducive to knowing ourselves and the enemy in US-related transactions,but also discovering and drawing lessons from it.The beneficial components of the civil law provide a useful exploration for the further improvement of the breach of contract relief system in our civil law.Aim at the relief system of breach of contract between China and the United States.There are some differences in relief purposes,relief principles and relief measures between the two countries,which are related to the social background and habits of the two countries.Aim at the system of specific performance.Regarding the settlement agreement for alternative performance,it is suggested that my country should stipulate that when the debt is in breach of repayment,the creditor can choose to require the debtor to perform the repayment agreement,or to require the debtor to perform the original contract obligations.Regarding the issue of specific performance that can be partially supported and partially not supported,it is suggested that my country should make clear and positive regulations on whether full performance or partial performance.Regarding the issue that the observant party’s compensation for the breach of contract will not affect the continued performance of the entire contract,it is recommended that my country make detailed positive provisions.It is proposed that the Chinese Civil Code can provide a complete range of remedies for the buyer to sell more than one thing,and the relief for the seller can provide the seller with an opportunity to actively resell.In terms of continued performance,it is recommended that our country stipulates that the performance status of the observant party shall be used as a factor of whether to order the continued performance.Aim at the restitution system.The US repatriation law has its independence;my country does not have an independent repatriation law,and there is no clear definition of the relationship between the repatriation of unjust enrichment and other departmental laws,which has a certain gap in my country’s legislation.my country has not made clear regulations on the system of benefit from breach of contract,and the regulations on the system of benefit from breach of contract in the United States have certain reference significance for our country.Aim at the protection of expected benefits.It is proposed that my country can make clear restrictive regulations on expected benefits,which can give the observant party a positive detrimental factor.The specific algorithm for expected benefit protection can be clearly defined.