Study on the Tort of Breach of Contractual Duty

Author: Wang Peirun
Publisher:
Publish Date: 2004-01-01
Features: This book focuses on treating the duty of breach of contract as a theoretical system. After a comprehensive review of this system, it breaks it down into specific organic components, discussing the historical evolution of the duty of breach of contract, its concept, legal characteristics, theoretical foundation, constitutive elements, scope of application, scope of compensation, and other issues. Additionally, it places the theory of the duty of breach of contract within a larger theoretical system—the civil law system—regarding it as a subsystem under the civil law system. Against this broader theoretical background, it explores the causes of the duty of breach of contract, its relationship with the debate over the "death" and "rebirth" of contracts, and the issue of the duty of breach of contract as an independent civil liability. The author aims, through this writing approach, to achieve a comprehensive analysis and research of some fundamental theoretical issues related to the duty of breach of contract, while also gaining a deeper understanding and grasp of the theory and system of the duty of breach of contract from perspectives such as value orientation, the entire contract system, the construction of civil law, and the objective foundations that constrain the duty of breach of contract.