Research On The Adjudication Rules For Non-monetary Debts To Continue To Perform Restricted Conditions

Article 110 of the "Contract Law" stipulates restrictions on the specific performance of non-monetary obligations,but the formulation of the article is very vague and abstract.This article attempts to collect a large number of realistic judgments and to concretize and type the restrictive conditions stipulated in Article 110 of the Contract Law by summarizing the referee rules in the judgment.The first part of this article describes in detail the constitutional requirements for non-financial debt to continue to perform restrictions,and considers that its constituent elements should be based on the constitutional elements of continued performance as stipulated in Article 107 of the Contract Law,plus the non-monetary nature of the contract.Debt and the constitutional requirements of the provisos in Article 110 of the Contract Law are two constituent elements.Article 110 of the "Contract Law" stipulates three items in total:(1)it is legally or virtually impossible to perform;(2)the subject matter of a debt is not suitable for mandatory performance or performance;and(3)the creditor is not within a reasonable time limit.Request fulfillment.The second part of this article summarizes and discusses the rules of refereeing in judicial practice that "cannot be performed legally or in fact." Through screening and sorting,this section is divided into two sections.Among them,the first section is “Not legally fulfillable” and it is specifically designed to guarantee that the debtor has not obtained the relevant administrative license,and that there is a judicial restriction and subject matter on the subject matter.The second section is “in fact cannot fulfill”.Divided into five parts of the subject of the contract is levied or withdrawn by the government,the subject of the contract is levied or withdrawn by the government,the subject of the contract is levied or recovered by the government and the debtor has lost the ownership of the subject matter.The third part of this paper summarizes and discusses how "debt targets are not suitable for mandatory performance or high cost of implementation" and how they are embodied in practical trials.Similarly,this section is divided into two sections.The first section is that “the subject of the debt is not suitable for mandatory performance”;the second section is “the high cost of fulfillment”.In the first quarter,it focused on the court's support for the refereeing of personally contracted contracts,the continued performance of non-obligation obligations,and the fulfillment of contracts that required strong trust and cooperation among the people at the time of the contract.In the second section,due to the ambiguity in the expression “excessive implementation of costs”,the specific understanding of the expression by different scholars was first introduced.Afterwards,through a summary of specific cases,it was explored how the court applied the case in actual cases.of.The fourth part of this article summarizes the jurisprudence of the application of "the creditor has not required performance within a reasonable period of time." It is relatively brief,first,the jurisprudence in this area is very scarce;secondly,scholars have not discussed many items.Since the expression is very uncertain,this section first discusses whether it is necessary to abide by certain principles and standards when applying the items,and then introduces the examples of the referee.