2011•Journal of Heilongjiang Administrative Cadre College of Politics and LawRequires access
Comparative Research on Culpa Compensation Rule——From the Perspective of Liabilities for Breach of Contract
Cao Ying-z
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Abstract
Culpa compensation in continental law can apply to the liabilities for breach of contract,and absorbs the principle of mitigation.Comparative negligence and contributory negligence in common law can only apply to the liabilities for breach of contract under the condition of the concurrence of tort liability and liability for breach of contract,and be abreast of mitigation.These because doctrines of liability for breach of contract in continental law and common law are different.The doctrine of liability for breach in our contract law is double-track doctrine,so the rule of culpa compensation apply to the liabilities for breach of contract,and be abreast of mitigation.