论根本违约之判定标准

根本违约具有双重价值,一方面在于赋予合同解除权,一方面在于对解除权的合理限制,其核心就是根本违约的判定标准。根本违约制度产生于英国,现已为世界各国及国际立法所广泛采用,但所使用的概念和根本违约标准不尽相同。我国《合同法》确立了根本违约制度,但在条文规定和根本违约判定标准的确定上还有待完善。

On the Judging Standards of Fundamental Breach in Contract

The fundamental breach of a contract has double values:on the one hand it lies in providing rescission for a contract and on the other hand,in making some rational restrictions to this right.The core of this value is the judging standards of thorough breach in contract.The system which evolved from Britain has been adopted extensively by countries all over the world and world organizations to legislate,but the concepts involved and the standards used to judge the thorough breach in contract are not the same.Our country has established this system in Contract,but the stipulations of clause and the judging standards of thorough breach in contract still need to be perfected.