Translated Title
On Damage Compensation After Lawful Rescission
Translated Abstract
As for damages compensation problems of its lawful rescission,there are various adjustment ways in different countries and districts. The restitution includes returning the original objects and val-ue compensation accordingly. In our country,we adhere to the coexisting of termination of the con-tract and the damages,which has its rationality. For the scope of the statutory damages incurred after the termination of the contract,Contract Law of China adopts the clarification method of the actual damage and prospect interest in continental law system,which defined it as the debt nonperformance of damage. The Contract Law of China only has the principle norm about the restitution claim after dissolving the contract. However it does not prescribe the obligation about not returning it. So the a-mount of damages treats compensating for the loss of the victim as the upper limit. The Contract Law of China establishes the principles of predictability. Under contract legal situation caused by the de-fault,people who decides to terminate the right has to request the default party to fulfill his compensa-tion for damages.
Translated Keyword
contract
lawful rescission
restitution
Access Number
WF:perioarticalcqgxyxb-shkxb201505011
