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

Yanfei Zhang
2022 Advances in Social Science, Education and Humanities Research   unpublished
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
more » ... tions. 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.
doi:10.2991/assehr.k.211220.255 fatcat:6f2fq5c6ozazdgkku5pyvvungu