权利本位视角下违约补救的法律属性探讨

Discussion on the Legal Attribute of Laws for Contract Remedies——from the Perspective of Right Standard

国际统一立法和中国合同法都对违约补救作出较多规定,但差异很大,其根本差异在违约补救的法律属性上,即违约补救属于法律权利或法律义务。权利义务产生有一定的依据,违约补救当属于法律权利,我国应从权利本位立法角度,加强违约补救法律权利的立法,以顺应国际统一立法潮流。

Unified international legislation and contract laws of China both set down many regulations on remedies for breaches of contract,but there are large differences,which mainly lie in the legal attribute of contract remedies,in other words,contract remedies are a kind of legal rights or legal obligation.There should be some reasons for the generation of rights and obligations;therefore,remedies for breaches of contract should be a kind of legal rights.China should enhance the legislation of rights for contract remedies so as to conform to the unified international legislation trend.