Research On The Liability For Breach Of Contract Of Advance Contract

In the past 20 years,advance contract has been used increasingly in the market economy trade in our country.However,the application of the liability for breach of contract is becoming increasingly prominent.Therefore,based on the current situation of the liability system for breach of contract,it is necessary to study the application of the liability for breach of contract.The main body of this thesis includes 5 parts.The first part is the theoretical overview of the liability for breach of contract in advance contract,which provides theoretical preparation and topic introduction.In order to satisfy the market demand and maintain the order of market transactions,this paper distinguishes the liability for breach of contract with related concepts,and holds that strict imputation principle should be adopted to clarify the liability for breach of contract.The second part combines the current system status.From the current legislative situation,we can draw some points of progress in the Civil Code: firstly,it is the first time that the advance contract system is recognized by our legislative system.Second,the scope of application of contract breach liability expands.From the judicial status,analyzes the main methods of the judicial practice of the appointment contract: First,most cases do not support the application of the appointment contract in the breach of contract.Secondly,most cases support that the scope of damage compensation for breach of contract is limited to the performance of interests.The third part summarizes the current problems in our country for breach of contract liability system based on the current system situation,mainly including unclear legal meaning,unclear judicial recognition of the validity of the appointment contract,disputes over the specific application of continuing performance,fuzzy scope of application of damage compensation,etc.The fourth part,based on the problems of the advance contract system in our country,investigates the advance contract default liability system in different law countries.It mainly focuses on foreign countries’ legislative status,effectiveness recognition,continuing performance and damage compensation,so as to bring some enlightenment to our country’s four difficulties in contract default liability system.The fifth part puts forward corresponding suggestions to improve the specific structure design: First,based on the content of the contract,accurately judge the contract,and then make a distinction between the contract and related concepts,by clarifying the connotation and extension of the contract,so as to clarify the legal meaning of the contract;Secondly,according to the content of advance contract,advance contract is divided into three different types: simple advance contract,standard advance contract and complete advance contract.Meanwhile,taking the autonomy of the parties as the key,the validity recognition rules of advance contract are optimized.Furthermore,different types of contracts are used to clarify the specific applicable space of continued performance,and according to the judicial status quo,the relevant countermeasures are put forward for the non-standard procedures of continued performance at present.Finally,according to different types of appointment contracts,the scope of damage compensation for appointment breach is defined,and the specific application of deposit and liquidated damages in the scope of damage compensation is made clear.To sum up,the classification of advance contract is the main method in this paper to solve the applicable problem of liability for breach of contract of advance contract.Based on the consideration of existing theories and practical factors,this classification method can balance the interests of both parties in advance contract and aims to maximize the function of advance contract.