论英美法中的合同受挫制度-法学·法学理论专业毕业论文.docxVIP

ABSTRACT‘Pacta ABSTRACT ‘Pacta sunt servanda’，as a如ndamental principle，is bound up with tlle development of contract-law-making histo叫．Once contract is formed according to law，both parties concemed must keep me promise of contract， implement the con仃act， and can’t change or discharge “ arbitra“ly．However，me principle of‘pacta sunt servanda，is not a_bsolute． If some unforeseen and unavoidable circumstances appear aRer the contraCt is fonned so that it is impossible or impractical for the parties to perform the contract and the commerCial pu印ose of contract is丘ustrated， what’s more，the failure to perfom cannot be imputed to any party，it is extremely unjust for me party on me disadV础ageous position to abide by the principle of pacta sunt serVanda’and fulfi_U his liabilities．Therefore， manV countries’contract law establishes me exception mle of me principle ofpacta sunt servanda’so as to discharge the contract which has lost its justice as a result of some unforeseen circumstances，aIld to maintain the interests of the party concemed．IIl Anglo-American law，me exception mle is me rule of‘仔ustration of con仃acts’． In me modem Anglo and American countries，once me circumstance of‘觚stration of contracts’ appears， me contract is instantly and automatically discharged and it is unjusticia_ble． HoweVer， not all f．mstrating eVents will mal(e the con臼．act completely discharged．Whether it will make me contract coInpletely discharged or not Varies wim the different丘-ustrating cirCumstances． Furthemore， mere are some dissimilarities between Anglo aIld American contract laws on how to deal with the rights aIld obligations of parties afl[er the contract is discharged by仃ustration．By adopting historical，case-analyzing and logical methods， me叭icle丘rst analyses the meanings，characters，historical deVelopment and theoretical bases of‘丘1Jstration of con仃acts’in触glo and American Ⅱ laws laws and discriminates between the mle of‘hstration of contracts’aIld some other related mles，then explain