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在我国的合同法理论和实践中,可能再没有哪一部分内容象自力补救那样更鲜为人知、更不为人重视了.然而它的重要性和实用性,又不得不使我们去思索、去评价、去研究.从我国合同法理论的发展和司法实践的要求来看,认真研究合同自力补救,并在此基础上通过立法作出适当的规定,是很有必要的.本文拟就合同自力补救的概念、内容、方法及其对解决合同纠纷的作用等问题,作一系统的探讨,以希引起各位学者同仁的注意,抛砖引玉,促进我国合同法理论和实践的发展.要了解自力补救,首先要了解什么是合同补救.所谓合同补救,是指合同一方违约后,法律对受害方提供救济的方法.合同补救这一概念来源于英美法.据美国布莱克法律辞典,合同补救是指“法律
In the theory and practice of contract law in our country, no part of it may be as less known or less valued as self-help remedy, but its importance and practicability have forced us to think and evaluate , To study.From the development of the theory of contract law and the requirements of judicial practice, it is necessary to conscientiously study the remedy of contract self-reliance and make the appropriate provisions through legislation on the basis of this.It is necessary to make some suggestions on how to remedy Concept, content, method and its role in resolving contractual disputes and other issues, to make a systematic discussion to Greek scholars to give rise to the attention of colleagues, initiate the theory and practice of contract law development. To understand self-help remedy, we must first To understand what is a contract remedy.The so-called contract remedy refers to the contract after a breach of contract, the law provides remedies to the victim.Contract remedy this concept comes from the Anglo-American law.According to the United States Black's legal dictionary, contract remedy refers to "law