论违约救济

On the Relief of Breaking Contracts

各国法律及有关国际公约对违约救济的主要方式都作了明确的规定,但由于各国的社会、文化、历史背景不同,其规定既有相通之处又有明显差异。随着市场经济的发展和商品的繁荣,违约所造成的损失很容易为金钱赔偿所弥补,故损害赔偿日益成为最广泛、最主要的救济方式,而为各国法律所普遍确认。

Every country's law and some international conventions have given explicit prescription on the main way to relieve breaking contracts. But these conventions have similarities as well as differences in society, culture and historical backgrounds of each country. As the development of the market economy and various commodities, the loss caused by breaking contracts is always remedied by indemnity. The compensation for damage has become the widest and major relief way and has been confirmed by every country's law.