Holmesism becomes the first leap of efficient breach theory 霍姆斯主义成为效率违约实现第一次飞跃的原点。
Following the developing procedure of everything, the happening of efficient breach theory also has its historical chanciness and inevitability 效率违约与任何历史的过程一样都是充盈着偶然的必然。
Then, it was posner who connected holmesism with coase theorem and thereby pushed the efficient breach theory into a new era, which is regarded as the second leap of its development 波斯纳的出现,实现了霍姆斯主义与科斯定理的融合,由此造就了效率违约的第二次飞跃。科斯定理成为第二次飞跃的理论原点。
Through the study toward original materials of efficient breach, this essay presents a process of efficient breach theory and the theory ’ s three aspects, namely as a regulation, a principle and a legal concept 通过对效率违约的原初性考察,本文发现了效率违约理论的一条发展进路及与之相应的三个层面。
Through the study toward original materials of efficient breach, this essay presents a process of efficient breach theory and the theory ’ s three aspects, namely as a regulation, a principle and a legal concept 通过对效率违约的原初性考察,本文发现了效率违约理论的一条发展进路及与之相应的三个层面。
During this period, efficient breach theory gradually turned into a legal concept . maintaining with its function in contract law, this theory was further adopted to estimate the system design and action preference 这次飞跃中,它由一项契约法规则与原则的复合体演进成为可以对制度设计和行为选择做出评判的法律理念与法律精神,这是人类制度设计中少见的场面。
The rule of efficient breach should attribute its first success to holmesism which made several separate cases as to efficient breach bunched together and make it possible for efficient breach to develop into a essential principle of contract law 效率违约实现了从意念到规则的进化。霍姆斯主义像一根线把原初的分散的效率违约个案串起来,效率违约演进成为一项契约法原则。
The rule of efficient breach should attribute its first success to holmesism which made several separate cases as to efficient breach bunched together and make it possible for efficient breach to develop into a essential principle of contract law 效率违约实现了从意念到规则的进化。霍姆斯主义像一根线把原初的分散的效率违约个案串起来,效率违约演进成为一项契约法原则。
The rule of efficient breach should attribute its first success to holmesism which made several separate cases as to efficient breach bunched together and make it possible for efficient breach to develop into a essential principle of contract law 效率违约实现了从意念到规则的进化。霍姆斯主义像一根线把原初的分散的效率违约个案串起来,效率违约演进成为一项契约法原则。
In 1852, the case of lumley vs wanger, for the first time, brought idea of efficient breach in front of the public and thereby gradually evolved to a regulation of contract law as well as the theory of inducing breach of contract 十四世纪中叶的一场瘟疫竟然孕育了效率违约的种子,1852年lumleyvwanger案的判决使效率违约露出地表,由此进化为契约法规则,而与引诱违约侵权理论并行于世。