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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,违约所造成的损失除了实际履行这一补救方式之外,也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。本文在分析比较了大陆法系和英美法系对于这两种救济措施的同时,也分析了我国的违约救济,最后提出个人的观点。
The laws and relevant international conventions of various countries clearly stipulate the major forms of relief for breach of contract. However, due to the differences in social, cultural and historical backgrounds, the provisions of the two countries vary in both their similarities and their obvious differences. With the development of market economy and the prosperity of commodities, the damages caused by breach of contract can easily be remedied by monetary compensation in addition to the actual fulfillment of this remedy. Therefore, damages are becoming the most extensive and most important remedy day by day. It is universally recognized by national laws. This article analyzes and compares both the civil law system and Anglo-American law system for these two kinds of relief measures, at the same time it analyzes our country’s breach of contract remedy and finally puts forward personal opinions.