预期违约救济方法的若干法律问题探讨

发布时间：2018-11-24 19:31

【摘要】：预期违约条件下解除合同的同时应当能够请求损害赔偿,此种条件下损害赔偿的范围应是直接损失和预期违约方可以合理预见的部分间接损失,但不应当包括可得利益;在预期违约条件下买卖双方都应当有中止履行权,至于行使该项权利的理由,我国《合同法》第68条的规定较为合理;合同履行期到来前守约方中止履行与要求对方当事人提供担保应当如《国际商事合同通则》(以下简称《通则》)中所规定的那样同时进行,而《美国统一商法典》和《联合国国际货物销售合同公约》(以下简称《公约》)中有关二者先后顺序的规定都不尽合理;只要一项保证足以打消守约方对对方预期违约的疑虑,就应被视作一项"合理"、"充分"的保证,至于保证的具体内容,法律不
[Abstract]:Under the condition of anticipating breach of contract, the contract should be terminated at the same time it should be able to claim damages, the scope of damages under this condition should be direct loss and part of indirect loss which can reasonably be foreseen by the anticipating party of breach of contract, but should not include the available benefits; Under the condition of anticipating breach of contract, both buyer and seller should have the right of suspending performance. As for the reason of exercising this right, the stipulation of Article 68 of contract Law of our country is more reasonable. The suspension of performance by the parties to the contract prior to the date of performance of the contract and the requirement of the other party to provide security shall be carried out at the same time as stipulated in the General principles of International Commercial contracts (hereinafter referred to as "the General principles"), The United States Commercial Code and the United Nations Convention on contracts for the International Sale of goods (hereinafter referred to as the Convention) on the order of the two provisions are not entirely reasonable; As long as a guarantee is sufficient to dispel the doubts of the other party about the expected breach of contract, it should be regarded as a "reasonable" and "sufficient" guarantee. As for the specific content of the guarantee, the law does not
【作者单位】：河南省社会科学院
【分类号】：D923.6

【共引文献】