1. Describe the system of breach of contract established by China s Contract Law and its remedies fo

Answer]: Article 107 of China's Contract Law stipulates that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

This article of the Contract Law stipulates that the conditions for a party to bear liability for breach of contract are only that it must bear liability for breach of contract if it fails to actually perform or properly perform its contractual obligations, and does not stipulate that the parties shall not be liable for breach of contract if they are not at fault.

It can be seen that the principle of attribution determined by China's current contract law is the principle of strict liability. Article 107 of China's Contract Law stipulates that the principle of attribution is based on the principle of strict liability, and the principle of fault liability is also stipulated in some sub-contracts, such as Article 180.

Answer]: Breach of contract relief refers to the relief provided by the law to the non-breaching party when one party breaches the contract, aiming to achieve the purpose of the contract or to restore the balance of the interests of both parties. The basic forms of remedies for breach of contract include actual performance, contract termination and damages.

1) Actual Performance. Actual performance refers to the performance of contractual obligations by the parties in accordance with the subject matter of the contract. There is controversy in the academic community as to whether actual performance is a form of remedy for breach of contract or a basic principle of contract performance.

However, it is generally believed that actual performance is a form of remedy for breach of contract. Actual performance in fact means that the injured party files a lawsuit for actual performance with the court or arbitration institution, requesting the court or arbitration institution to make a judgment requiring the breaching party to perform the actual performance. However, as a form of breach of contract remedy, actual performance is not absolute and is subject to certain restrictions in operation.

Article 110 of the Contract Law of the People's Republic of China stipulates the principle of actual performance and its limitations: if one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in one of the following circumstances: Legally or factually unable to perform; The subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive; The creditor does not demand performance within a reasonable period of time.

2) Termination of Contract. The termination of the contract, which is a form of remedy for breach of contract, only refers to the statutory termination of the contract. Article 94 of the Contract Law of the People's Republic of China stipulates the conditions for the termination of the contract:

The purpose of the contract cannot be achieved due to force majeure; Before the expiration of the performance period, one of the parties clearly states or shows by its own conduct that it will not perform the main obligation; One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being demanded; Failure to achieve the purpose of the contract due to the delay in the performance of debts or other breach of contract by one of the parties; Other circumstances provided for by law.

3) Damages. If the breaching party causes losses to the other party due to non-performance or incomplete performance of the contract, it shall be liable for compensation in accordance with law. Damages for breach of contract are the most extensive and most important form of relief for breach of contract, mainly in the following aspects:

Contractual relationships are generally transactional relationships, which can generally be expressed in terms of money or can be converted into money; Damages can be applied separately or in conjunction with remedies such as actual performance. In determining the scope of damages, the following three basic principles should be observed: the principle of full compensation, the principle of reasonable foreseeability and the principle of mitigation of losses by the injured party.

Remedies for breach of contract should be explained separately in three forms: actual performance, contract termination, and damages.

Answer]: The laws of various countries generally divide the breach into different forms according to the different circumstances of the breach, and then stipulate the corresponding remedies according to the different forms of breach.

1) English law divides default into three main forms: breach of conditions, breach of guarantee and early default. In principle, if one party breaches the conditions, the other party may rescind the contract and claim compensation; However, if it is only a breach of guarantee, the innocent party can only claim compensation and cannot terminate the contract; If a party breaches the contract early, the innocent party may terminate the contract immediately and claim compensation, or may wait until the expiration of the performance period to take remedy, but in the latter case it will bear the risk of a change in circumstances between the time of the early breach and the expiration of the performance period of the contract.

2) U.S. law divides the forms of breach of contract into three main types: material breach, minor breach, and early breach. In principle, in the event of a material breach of contract, the party who is not at fault can terminate the contract and claim compensation, but if it is only a minor breach, the party without fault can only claim compensation and cannot terminate the contract. As to how the innocent party can remedy in the event of an early breach, the provisions of English law are largely the same as those of the English law mentioned above.

3) German law divides the forms of default into two main categories: non-payment and delay in payment. In the case of meeting the four conditions for the establishment of liability for breach of contract stipulated in the civil law system above, the breaching party must be liable, otherwise, it can be exempted from liability. At the same time, according to German law, if the innocent party has the right to rescind the contract, he or she can only choose between two remedies: rescission and compensation for damages.

In this respect, the provisions of German law are different from those of most civil law countries.

4) The Contract Law of the People's Republic of China divides the forms of breach of contract into five main types: (a) non-performance. In this regard, the breaching party shall be liable for the breach of contract.

b Not fully performed. In this regard, the breaching party shall be liable for the breach of contract or congratulate. c Delay in fulfillment.

The breaching party shall be liable for breach of contract. d Unable to perform. In this regard, one of the parties shall promptly notify the other party and obtain proof from the relevant institutions, and may be partially or completely exempted from liability for breach of contract.

e Anticipatory default. Anticipatory default is treated in a similar way to early default in common law countries.

The main forms of liability for breach of contract include the following:

1. Continued performanceContinued performance, also known as compulsory actual performance, refers to the form of liability for breach of contract in which the breaching party continues to perform its obligations under the contract at the request of the other party.

2. Taking remedial measuresAs an independent form of liability for breach of contract, remedial measures refer to specific measures to correct the improper performance of the contract (unqualified quality) and eliminate the performance defects. This form of liability is complementary to continued performance (resolution of non-performance) and compensation for losses.

3. Compensation for lossesCompensation for losses, also known as damages for breach of contract, refers to the form of liability of the breaching party to make up for the property reduced or the lost interests of the injured party due to the breach of contract by paying money.

4. Liquidated damages: Breach of contract as a doll refers to a certain amount of money or property that one party should pay to the other party when it violates the contract.

1. The way to bear the liability for breach of contract

1) Payment of liquidated damages.

Liquidated damages: refers to a certain amount of money paid to the other party when the contract debtor fails to perform or improperly performs the contractual obligations as agreed by the parties to the contract.

2) Damages.

Damages: refers to the economic compensation made by the breaching party to the other party when the property loss is caused to the other party due to the breach of contract by one of the parties to the contract.

3) Continued performance.

Continued performance: refers to the judgment or special performance order issued by the court or arbitration institution to force the debtor to perform the contractual obligations within a specified time limit.

4) Other remedial measures.

If the quality does not conform to the agreement, the liability for breach of contract shall be borne in accordance with the agreement of the parties. If there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of the Civil Code, the injured party may, according to the nature of the subject matter and the size of the loss, reasonably choose to require the other party to bear the liability for breach of contract such as repair, replacement, rework, return of goods, reduction of price or remuneration, etc.

2. What are the forms of liability for breach of contract in the loan contract?

a) Continued performance.

Continued performance, also known as compulsory actual performance, refers to the form of liability for breach of contract in which the breaching party continues to perform its obligations under the contract at the request of the other party.

2) Take remedial measures.

As an independent form of liability for breach of contract, the adoption of remedial measures refers to specific measures to correct the improper performance of the contract (quality non-contract) and eliminate the defects in performance.

3) Compensation for losses.

Compensation for losses refers to the form of liability of the breaching party to make up for the loss of property or lost benefits of the injured party by paying money.

Answer] :d forms of liability for breach of contract include continued performance, taking supplementary measures, compensation for losses, payment of liquidated damages, and deposit liability.

Summary. Hello dear, happy to answer for you; In China, the liability for breach of contract includes compulsory performance, including continued performance and remedial measures, damages, liquidated damages, but excluding punitive damages. Compulsory performance means that the breaching party must perform its obligations in accordance with the provisions of the contract.

Remedies include refund of the purchase price, repair or replacement of the defective goods, etc. Damages refer to the direct economic losses incurred by the other party due to the breaching party's breach of contract, and the corresponding economic losses need to be compensated. Punitive damages are when the breaching party is required to pay more than the actual loss in order to punish its breach of contract.

In our country, punitive damages are not recognized by law because they may lead to unfair or excessive penalties for the defaulting party.

Dear, which group is hello, I am happy to answer for you; In China, the liability for breach of contract takes the form of compulsory performance, including continued performance and remedial measures, and compensation for damages and liquidated damages, but does not include punitive damages. Compulsory performance means that the breaching party must perform its obligations in accordance with the provisions of the contract. Remedies include refund of the purchase price, repair or replacement of the defective goods, etc.

Damages refer to the direct economic losses incurred by the other party due to the breaching party's breach of contract, and the corresponding economic losses need to be compensated. Punitive damages refer to the amount that the breaching party Li Daiju needs to compensate in excess of the actual loss to punish its breach of contract. In our country, punitive damages are not recognized by law because they may lead to unfair or excessive penalties for the defaulting party.

Hello, dear; The liability system for breach of contract is an extremely important system in the Civil Code, which is a legally binding guarantee for the agreement between the parties to the contract, which can not only promote the parties to the contract to consciously and comprehensively perform the obligations of the contractor, and play a preventive role in avoiding and reducing the occurrence of breaches, but also in the event of a breach, by pursuing the liability of the breaching party for breach of contract, the losses of the breaching party are compensated, and the breaching party is subject to corresponding sanctions, so as to protect the legitimate rights and interests of the parties to the contract and maintain the social and economic order. Article 577 of the Civil Code stipulates that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Accordingly, there are three basic forms of liability for breach of contract, namely, continued performance, remedial measures and compensation for losses. Of course, in addition to this, there are other forms or forms of liability for breach of contract, such as liquidated damages and deposit liability.

Summary. Hello, I am honored to answer for you, China's liability for breach of contract forms include compulsory performance, including continued performance and remedial measures, damages, liquidated damages, but does not include: 1

Punitive damages: Punitive damages are not recognized in domestic laws and regulations, i.e., the breaching party does not need to bear additional punitive damages. 2.

Damages in excess of the contract amount: The breaching party only needs to bear the economic losses caused to the other party due to the breach, and does not need to bear the cost of compensation in excess of the contract amount. 3.

Waiver of liability for breach of contract: Unless expressly provided by laws and regulations, the breaching party cannot be exempted from liability for breach of contract by way of waiver.

The assignee of a patent exploitation license contract may license a third party other than the agreement to exploit the patent in accordance with the agreement.

Hello, I am honored to answer for you, China's liability for breach of contract forms include compulsory performance, including continued performance and remedial measures, damages, liquidated damages, but does not include: 1Punitive damages:

Punitive damages are not recognized in domestic laws and regulations, that is, the breaching party does not need to bear additional punitive damages. 2.Damages in excess of the contract amount:

The breaching party only needs to bear the economic losses caused to the other party due to the breach, and does not need to bear the compensation costs that exceed the contract amount. 3.Waiver of Liability for Breach of Contract:

Unless expressly provided by laws and regulations, the breaching party cannot be exempted from liability for breach of contract by way of waiver.

Hello, it is not correct that the assignee of the patent exploitation license contract can license the third paragraph of the patent to exploit the patent in accordance with the agreement. In a patent exploitation license contract, the assignee exploits the patent in accordance with the agreement, and usually cannot license a third party other than the agreed party to exploit the patent, unless there is an express agreement in the contract. <>

Hello, according to the provisions of the Patent Law, the owner of the patent right may license part or all of its exclusive rights to others for exploitation, but it must be implemented in accordance with the agreed scope and conditions. If there is no clear provision in the patent exploitation license contract that a third party may be licensed to exploit the patent other than as agreed, the assignee shall not license the patent to a third party for exploitation.

Hello, so the mandatory liability for breach of contract does not include a deposit, right?

Hello, so it's right that the mandatory liability for breach of contract does not include a deposit.