合同受挫制度解析

英美合同法中合同受挫制度旨在解决合同因履行不能、履行艰难以及合同目的落空时的强制执行问题.在传统合同法学说中,作为合同受挫的理论基础,包括了"默示条款说"与"义务根本改变说"两种理论.现代的学者则多从法经济学的角度展开分析,认为合同受挫的基础应建立在效率理论之上.此外,从经济学的角度看,合同受挫的功能被定位为对合同履行...

The Analysis of Frustration

Frustration in Common law was designed to deal with the enforcement only if a contract has become impossible of performance or been impracticable and a contract's purpose is substantially frustrated.The traditional doctrine,as the theoretical basis of frustration,includes the Implied Term and Radical Change in the Obligation.Modern scholars always analyze from the perspective of law and economics and think that frustration should be established based on the efficiency theory.In addition,from an economic poi...