The traditional dual system of contract liability of contracting negligence liability and breach of contract has fallen into a dilemma of inadequate explanation.The liability for defective per-formance arises from the period from the validity of the contract to the non-fundamental breach of contract.As a form of liability that integrates various nonperformance situations,it not only conforms to the mechanism of constructing contractual liability,but also can be supported by provisions of posi-tive laws,making contractual liability more systematic and interpretable.The liability for defective performance focuses on the protection of(enforceable)interests and takes fault liability as imputation principle.In this responsibility,the parties bear the"contractual expectation/full performance obli-gation",and the scope of compensation for damages is determined according to the paradigm of breach of contract compensation in combination with"enforceable interests".They can choose to break free from the contract constraints through methods such as statutory termination,statutory ter-mination,and partial termination.The liability for defective performance is a new form of liability hidden in the system of contract liability.
Reliance InterestLiability for Contracting FaultLiability for Breach of ContractLiability for Defective Performance
万方数据
维普
