Necessity on Categorization of Breach of Contract in Taiwan Civil Law

碩士 === 國立臺灣大學 === 法律學研究所 === 100 === This thesis mainly discusses the necessary of revision of the breach of contract part in Taiwan civil code. Measures are provided comprehensively by discussing the classification of the breach of contract and the operation of judicial decisions in Taiwan, to...

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Bibliographic Details
Main Authors: Wei-Ju Chen, 陳瑋如
Other Authors: 陳聰富
Format: Others
Language:zh-TW
Published: 2012
Online Access:http://ndltd.ncl.edu.tw/handle/14935325277222309654
Description
Summary:碩士 === 國立臺灣大學 === 法律學研究所 === 100 === This thesis mainly discusses the necessary of revision of the breach of contract part in Taiwan civil code. Measures are provided comprehensively by discussing the classification of the breach of contract and the operation of judicial decisions in Taiwan, to see whether the categories of the breach of contract in Taiwan civil code can be applied in cases without the effect of unreasonable or unjustified. Second, the study observes the transfer issues from a comparative perspective, comparing the international private laws including “United Nations Convention on Contracts for International Sale of Goods” (hereinafter “CISG”), Principle of International Commercial Contract ( hereinafter “PICC”), Principle of European Contract Law ( hereinafter ”PECL”), Draft Common Frame of Reference ( hereinafter “DCFR”), and the foreign legislations such as British law and the amendment of German civil law, to find out whether Taiwan civil code need to be revised, or can be established a standard through the operation of jurisdictions without the amendment of the law.