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《Science of Law(Journal of Northwest University of Political Science and Law)》 2018-04
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Discussion on the Ownership of the gains of the promisor

Chen Lingyun;  
In the case of the wilful breach of contract,the gains from the behavior is beyond the damages of breach of contract,and the promise will prefer the damages to the performance of the contract,so the promise could not receive the sufficient relief. It imperceptibly affects the ensemble bargain order in the market,and it is mainly limited by the foreseeable ability of the promisor in making the contract. The opportunistic and wilful behavior of breach of contract gives no efficiency,and not only injures the expectation and reliance of the promise,but also destroys the contract spirit and the moral base of contract. Thus the gain from the wilful breach of contract should be disgorged to the injured promisee.
【Fund】: 国家社科基金重点项目(15AFX017)“十六年来合同法总则核心制度的司法适用与理论反思”
【CateGory Index】: D923.6
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