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Liabilities in Contract Law of China: Their Mechanism and Points in Dispute
Authors:Shiyuan Han
Affiliation:(1) Law School, Tsinghua University, China
Abstract:China is drafting its first Civil Code now, and the Chinese laws have seen an expansion of contractual obligations and a new structure of contractual liabilities. This paper expounds this trend through the perspective of contract liabilities. It mainly analyses the anticipatory breach, the enforced performance, damages, payments stipulated by the contract, the statutory rights to termination, the unification of guarantee liabilities for defects and liabilities for breach of contract, and makes the conclusion that China Contract Law CCL will be put into the future Chinese Civil Code, with some necessary technical changes and amendments.
Keywords:Liabilities  Contract Law of China  damage  enforcement
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