中國의 契約責任制度

• 영문명: Liability for Breach of Contract in China
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김상욱
• 간행물 정보: 『비교사법』비교사법 제10권 3호, 157~184쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.09.01

영문 초록

Contract law of the People's Republic of China that has been carried out since 1999 prescribes advanced contents that accepted tendency of western legislation such as United Nations Convention on Contracts for International Sales of Good, and German Civil Law. Among this Contract law of 23 chapters, 7 chapters are about 「Liability for Breach of Contracts(제107조~제122조)」. Liability in this Contract Law is evaluated to possess not only the characteristic of globalization and modernization but also the characteristic of China at the same time. These characteristics are following. Although Liability in Contract Law of China recognizes Fault liability supplementally and exceptionally, it adopts Strict liability as a basic principle. Where one party to a contract fails to perform the contract obligations or its performance fails to satisfy the terms of the contract, the case is only left up to a general article(Contract Law article 107) where Liability for Breach of Contracts occurs, and, specific pattern is not specified. It is a separated from a nonfulfillment of liabilities and accepts a concept of Repudiation. Warranty against defects is understood as a type of imperfect fulfillment and attempted to be a part of Liability for breach of contract. Remedial measures include repair, exchange, redo, return, and reduction of payment and are usefully made in response to a disagreement over quality of goods(111). Compensation is calculated by the loss caused by the non-performance, including lost profits but not extending to unforseen damages( 113) Liability may be excused by force majeure, except when the force majeure event occurs after a party has delayed performance. A party claiming force majeure must give proper notice and proof of the force majeure event. The aggrieved party must attempt to minimize its losses resulting from non-per래그？e by the other party. In yet another effort to address the 「triangular debt」 problem, the law provides that where non-performance is the result of the actions of a third party, the non-performing party must bear liability and seek recovery separately from the third party( 121).

목차

1. 서론

2. 중국계약법상의 귀책원칙

3. 채무불이행의 유형과 책임내용

4. 면책사유

5. 결론

참고문헌

ABSTRACT