12 Looking at the laws of various countries, which of the following is NOT a basic remedy for breach

The following remedies that are not considered prudently for breach of contract are ().

a.Actual fulfillment.

b.Indemnification.

c.Termination of the contract of abstention.

d.Filing a lawsuit.

The answer is high: d

1) Actual fulfillment. It has two meanings, one is that the creditor requires the debtor to perform the contract according to the provisions of the contract; Second, the creditor files a lawsuit for actual performance with the court, and the enforcement authority uses the coercive power of the state to make the debtor perform the contract in accordance with the provisions of the contract. (2) Damages.

National law considers damages to be an indispensable remedy for breach of contract. However, there are also different provisions and requirements for the establishment of liability for damages, the method of compensation for damages, and the calculation of damages.

Civil Code of the People's Republic of China

Article 577.

If one of the parties fails to perform its obligations under the contract or the performance of its 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.

Civil Code of the People's Republic of China

Article 578.

If one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.

Civil Code of the People's Republic of China

Article 579.

If one of the parties fails to pay the price, remuneration, rent, interest, or fails to perform other monetary obligations, the other party may request payment.

Civil Code of the People's Republic of China

Article 582.

If the performance does not conform to the agreement, the liability for breach of contract shall be borne in accordance with the agreement of the parties. Where 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 Article 510 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear the liability for breach of contract such as repair, rework, replacement, return, reduction of the price difference or remuneration.

Default events can be broadly divided into two categories: one is the actual default event, which is the default event that the borrower has already occurred. The other type is the expected default event, which is an indication that the borrower is about to default.

There are four ways to rescue the people in breach of contract: 1. Actual performance; (2) Damages. 3. Terminate the contract; 4. Pay liquidated damages.

Default events can be roughly divided into two categories: one is the actual default event, that is, the borrower's breach of the contract, such as the borrower's failure to repay the loan principal and interest and other expenses as agreed, the statement and guarantee of facts are untrue, and the actual financial and business conditions are inconsistent with the "agreed matters", etc. The other type is the anticipatory event of default, i.e., an event of default that indicates that the borrower is about to occur, such as the borrower becoming insolvent, having property expropriated, being involved in litigation, or having a material adverse change in circumstances.

There are four types of remedies for breach of contract:

1) Actual fulfillment.

(2) Damages.

3. Terminate the contract;

4. Pay liquidated damages.

Legal basis. Article 577 of the Civil Code of the People's Republic of China [Liability for breach of contract] Where 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 the contract, taking remedial measures, or compensating for losses.

In the event of a default, the remedies available to both the buyer and the seller are as follows:

1. Compensation for damages (direct and indirect);

2. If the contract is overdue, the performance shall be suspended;

3. Remedies for breach of contract for delivery in installments and batches:

1) Delivery, undelivered, delivery (one batch of deliveries can be cancelled, but the third batch must be delivered);

2) Delivered, undelivered, delivered (section.

The second and third batches can be cancelled due to non-payment);

3) Delivered, not delivered, not handed over (the second batch of zero Li Lu accessories can be lifted if they have not arrived).

The conditions for constituting a breach of contract are as follows:

1. Behavior, that is, one party must be pure and must have non-performance of contractual obligations or the performance of contractual obligations does not conform to the agreement, which is an objective condition for constituting liability for breach of contract. A breach of contract can only arise in a specific relationship. The breach of contract presupposes the existence of a contractual relationship between the parties.

If the contractual relationship does not exist (e.g. it has not yet been established, or has been dissolved, or has been declared invalid), no breach of contract has occurred;

2. Fault, that is, the party in breach of contract is subjectively at fault, which is also the subjective element of liability for breach of contract. There may be various reasons for the breach of contract by the parties, such as force majeure, breach of contract by the other party, etc. If the breach of contract is caused by these reasons, the party cannot bear the liability for breach of contract.

Liability for breach of contract is only caused by the breaching party. Therefore, in order for the breaching party to bear the liability for breach of contract, it must be subjectively at fault. In the case of the fault of both parties, the degree of fault is the basis for the degree of liability for breach of contract;

3. The fact of damage, the fact of damage refers to the property damage and other adverse consequences caused by the party's breach of contract to the other party. From the perspective of rights, as long as there is a breach of contract, the rights of the contract creditor cannot be realized or cannot be fully realized, and its losses have already occurred. In the case of liquidated damages paid by the defaulter, it is not necessary to consider whether the other party has really suffered damage and the extent of the damage; In the case of the payment of damages, the actual damage suffered by the parties must be taken into account;

4. Causation, i.e., there is a causal relationship between the breach of contract and the result of the damage. The liability of the breaching party is limited to the losses caused to the other party by its breach. The breaching party naturally has no obligation to compensate for other losses of the other party to the contract.

The damage caused by the breach of contract includes direct damage and indirect damage, for which the defaulter shall compensate.

Legal basis. Article 577 of the Civil Code of the People's Republic of China.

Liability for breach of contract] 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.