On The Remedy For Breach Of Contract Of Advance Contract In China

Although the advance contract has been widely used in the society with its unique characteristics,due to the late start of the advance contract in China,the slow process of legalization and the imperfect provisions,the disputes related to the advance contract emerge one after another in practice.On the one hand,scholars argue endlessly about the core issues such as the distinction standard,compulsory performance and effectiveness standard between the advance contract and the contract.On the other hand,the treatment of the remedy for breach of the advance contract in judicial practice is also relatively chaotic.These problems hinder the healthy development of the advance contract to a great extent and need to be solved urgently.Therefore,it is of great practical significance to study the remedy for breach of the advance contract.To solve the problem of remedy for breach of advance contract is not only to reach an agreement at the theoretical level,but also to provide specific remedies for judicial practice.This paper investigates the basic theory of advance contract,analyzes in detail the relevant disputes and views of scholars on the remedy for breach of advance contract,expounds the difficulties and difficulties of remedy for breach of advance contract in China combined with specific judicial cases,and puts forward suggestions to solve the remedy for breach of advance contract in China on the basis of learning from foreign experience,in order to make a modest contribution to promoting the sustainable development of advance contract in China.The first chapter of this paper focuses on the basic theory of advance contract.The remedy for breach of contract of advance contract is based on its basic theory.Starting from the basic theory,we can understand the basic characteristics and legal concepts of advance contract in a relatively simple way,so as to lay the foundation for the in-depth study of the remedy for breach of contract of advance contract in our country.The second chapter mainly starts from the core issue of the remedy for breach of the advance contract,the effectiveness of the advance contract,and discusses the current disputes about the effectiveness of the advance contract in the academic circles and the views of this paper on the effectiveness of the advance contract.The third chapter mainly expounds the difficulties and reasons of remedy for breach of advance contract in China.This chapter mainly analyzes the problems related to the remedy for breach of advance contract combined with the specific judicial cases in China,and puts forward the difficulties and difficulties of the remedy for breach of advance contract.The fourth chapter mainly puts forward suggestions and Thoughts on improving the remedy for breach of advance contract in China.Firstly,it determines the distinction standard between the advance contract and the contract,and then divides the advance contract into three types of advance contract:simple reservation,standard reservation and contract reservation through certain standards,and endows them with different ways of default relief according to the specific situation,so as to solve the disputes about default relief in theory and practice.