Study On Specific Performance In The International Commercial Contract

With the accelerating process of economic integration in the world, international commercial contracts play an important role in national economic association, and various contracts barriers obstruct the smooth flow of economic, and the legitimate rights and interests of the creditors are damaged in the contract. As an important part of the contract in the relief system, specific performance has great differences in the two law systems, and there are great difficulties in the relief of the breach of international commercial contracts. In United Nations Convention on Contracts for the International Sale of Goods and Unidroit Principles for International Commercial Contracts, active exploration is made to develop a unification of specific performance in international commercial contracts.This article is divided into six chapters. Chapter 1 is ready for the theory research of specific performance, to clear the connotation and extension of the international commercial contract, to clarify the dual meanings of specific performance, to stress the concept awareness and value of the international commercial contracts, and the most important to define the specific performance claim as the compound claim based on debt. Chapter 2 is about the constitutional theory of specific performance. The institution is studied comparatively from the elements, constraints, performance dimension and application. Chapter 3 is about the specific performance under the relief route. The positioning of specific performance in the performance obstacle theory, the unification and contradiction between specific performance and damages, the coexistence of specific performance and other remedies and defense right are described in this chapter. In chapter 4, specific performance is digged deeper from the debt perspective, including the relationship between specific performance and basic principles of contractual law, the repayment of debt and the real right based on debt. Chapter 5 is about regulations fragmented in the full text, including laws of the civil law countries, common law countries, Germany after the reform of the debt law, China, The Convention and Principles. Chapter 6 is the outlook for the future of specific performance system. Some recommendations are proposed by author, such as the reasonable operation of the internal mechanism in specific performance system, the creation of related systems, the optimal combination of breach remedy system as well as the harmonious future creation of specific performance system in international commercial contracts.