[국제물품매매계약] 중국 통일계약법의 위약책임체계

• 영문명: The System of Liability for Breach of Contract in the Contract Law of China
• 발행기관: 한국국제상학회
• 저자명: 이정표(Jeong-pyo Lee)
• 간행물 정보: 『국제상학』國際商學 제19권 제3호, 25~46쪽, 전체 22쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2004.09.01

영문 초록

The purpose of this study is to introduce the Contract Law of the People's Republic of China which is not yet familiar to Korean scholars. It is expected to extend the scope of application as a proper law in the international trade with the People's Republic of China. It also has a complex structure as a combination of Chinese own Socialistic characteristic and the one of globally held international convention and Cornmon Law. Therefore, a lot of attention should be paid to its application. Main focuses of this study are as follows: First, I looked into the concept and scope of liability for breach of contract legislated by the Contract Law of the People's Republic of China. Second, I made clear the principle of liability system for breach of contracts oriented by the Contract Law of the People's Republic of China. Third, I identified essential elements of liability arising from breach of contract. Fourth, I systemized the types of breach of contract and tried to find out the corresponding remedies for breach of contract. Finally, I inquired into frustration of contract in the China law system.

목차

Abstract

Ⅰ. 중국계약법체계에서 위약책임체계의 특성

Ⅱ. 위약책임의 범위

Ⅲ. 위약책임의 귀책원칙

Ⅳ. 위약책임의 구성요건

Ⅴ. 위약행위의 유형

Ⅵ. 위약책임의 형식

Ⅶ. 면책사유

Ⅷ. 결론

참고문헌