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效率违约,是指当契约的履行人违反约定所获得的效益比履行契约所获得的效益大时,履行人选择违约的行为。效率违约理论自提出之后就备受争议,学界对其评价褒贬不一。支持者认为其提高了社会效益,节约了社会资源;反对者则认为其会助长功利主义倾向,严重损害了契约的尊严,影响了社会生产的稳定性和连续性。本文将从多个角度剖析效率违约理论,探讨该理论的利弊。
Efficiency default refers to the behavior that the defender chooses to breach of contract when the benefit obtained by the breakers of the contract in violation of the agreement is greater than the benefit obtained from the performance of the contract. The theory of efficiency default has been controversial since it was put forward, and academics have mixed opinions on it. Proponents think it improves social benefits and saves social resources; opponents think it will favor utilitarian tendencies, seriously undermining the dignity of contracts, affecting the stability and continuity of social production. This article will analyze the theory of efficiency default from a number of perspectives to explore the pros and cons of the theory.