Research on Contract Law (Volume 2): Volume 2

Author: Wang Liming
Publisher:
Publish Date: 2004-06-17
Features: The author of this book believes that the concepts of contract performance, discharge, and delivery should be distinguished. The principles of contract performance include the principle of full performance and the principle of good faith performance. The book provides a comprehensive and detailed discussion on the performance of special debts such as specific debts, alternative debts, joint and several debts, indivisible debts, delivery to a third party, and performance by a third party. The entire book closely combines China's contract legislation and judicial practice, and on the basis of extensively drawing on advanced legislative experiences and theoretical achievements from abroad, it conducts systematic and in-depth research on contract performance, preservation, modification, transfer, termination, and the system of liability for breach of contract. The author believes that the concepts of contract performance, discharge, and delivery should be distinguished; the principles of contract performance include the principle of full performance and the principle of good faith performance, and the book provides a comprehensive and detailed discussion on the performance of special debts such as specific debts, alternative debts, joint and several debts, indivisible debts, delivery to a third party, and performance by a third party; China's liability for breach of contract is based on a combination of strict liability and fault liability. The author points out that China should not adopt the German legal view of categorizing performance impossibility; an independent warranty of quality system should not be established, but rather should be incorporated into the scope of liability for breach of contract; claims based on breach of contract should hold the primary position in the system of claims for debts. The author also conducts an in-depth discussion on the application of the principle of change of circumstances, the transfer and termination of contracts, the relationship between and expected breach of contract, the forms of liability for breach of contract determined by China's 《Contract Law》, forms of liability, as well as major and difficult issues in contract law such as subrogation and revocation.