论合同责任限制-法学·民商法专业论文.docxVIP

Abstract：It Abstract： It IS well—known that the basic functions ot t【le Contract Law are to both guarantee the freedom and discipline of the market transaction and demonstrate the balance of rights and obligations among the parties to the contract．Both parties to the contract conclude the contract on the spirits of chasing profit．The creditor and the debtor ale in the state of mutual gambling，and the increase in the liability and responsibility of one party force it to get involved in the relatively negative situation．In case of the lack of reasonable principle and method of limiting contract liability，the balance of contract relationships(or the gambling relationship achieving the optimal interests)will be harmed．Meanwhile，the system of contract liability always gives more thoughts to the protection of the interests of the creditor rather than that of the other party to the contract——the debtor． As a result，under the background of the increasing expansion and strict requirements of the contract liability in the modem contract law，the pursuit and exploration of the reasonable principle and approach of limiting contract liability will inevitably contribute to such balance． In view of the provisions of civiJ laWS and contract laws of modem developed countries and Roman law，the countries consecutively promulgate the different kinds of limits on the contract liability．Although the contract law of our country refers to the advanced ideals and systems of contract laws of two law systems，it is really a pity that there are few limits on contract liability．The dissertation tries to make the brief review and analysis of the defect and improvement of the systems of limiting contract liability from the point of view of the protection of the interests of debtor on the basis of the comparison of the systems of limiting contract liability stipulated in Roman law and modem civil law in order to expect the conformity to the contract liability system，reasonably distribute distri