Debtor’s Accountability in the Composition of Liability for Breach of Contract

DOI

10.2991/assehr.k.211220.255How to use a DOI?

Keywords

The liability for breach of contract; principle of imputation; Article 79 of CISG; Third Party Causes

Abstract

The matter of principle of liability attribution of liability for breach of contract has not been completely settled by the enactment of the Civil Code. An analysis of the relevant CISG rules shows that the so-called strict liability in Chinese law is a misinterpretation of Article 79 of the CISG. Comparative law has either taken debtor’s accountability as the composition element of liability for breach of contract or considered debtor’s accountability in the interpretation of contractual obligations. For Chinese law, an ideal solution would be to interpret Article 593 of the Civil Code in a purposive and restrictive manner to achieve a similar effect.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Yanfei Zhang
PY  - 2021
DA  - 2021/12/24
TI  - Debtor’s Accountability in the Composition of Liability for Breach of Contract
BT  - Proceedings of the 2021 4th International Conference on Humanities Education and Social Sciences (ICHESS 2021)
PB  - Atlantis Press
SP  - 1513
EP  - 1517
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211220.255
DO  - 10.2991/assehr.k.211220.255
ID  - Zhang2021
ER  -