A Study On Right Of Concurrent Performing Counterargment And Bilateral Breach

Bilateral breach is a controversial issue in our legal and theoretical area. Professor Liang HuiXin argues that bilateral breach is an unscientific regulation after the establishment of right of performing Counterargment In legal practice, dealing with this issue has caused a disordered state, so it is very urgent to make clear the relationship between right of performing Counterargment and bilateral breach. Writer of this paper holds that the fact of bilateral breach still exists after the establishment of right of performing Counterargment.Moreover, one of the important reason causing bilateral breach is the missuse of right of performing Counterargment.Right of concurrent performing Counterargment is right of performing counterargment's base and center,so after making deal the relationship between right of concurrent performing counterargment and bilateral breach, the whole relationship between right of concurrent performing counterargment and biloiteral breach is very easy to deal with.In this essay, writer only focuses on the relationship between right of concurrent performing counterargment and bilateral breach.The whole article contains three chapters besides preface, total 3,2000 words.At firt, iN the preface, illustrate the importance and urgence of their relationship facing the disagreement in theoretical area and the chaos in practise area about therelationship between right of performing counterargment and bilateral breach.Chapter 1 Right of concurrent performing counterargment.its definition history , comparative study , applying condition and difference between legal release.Chapter 2 Bilateral breach. its defenition,presenting form and the main reason of its coming into being.Chaprer3 The decrease of bilateral breach and the right of concurrent performing counterargment .in this chapter ,based on systematical study of right of concurrent performing counterargment and bilateral breach in the two former chapters, the writer first analyse the relationship of these two rules, believes that their relationship is close related, and inappropriate implementation is an important reason causing bilateral breach, Then, writer expound how to apply right of concurrent performing counterargment in a right way and how to reduce the phenonenon of bilateral breach through the following aspects:(1)to comply with the principle of honesty and credit while applying right of concurrent performing counterargment.(2)how to apply right of concurrent performing counterargment in a right way in different kinds of breaches.(3)the exact application of right of concurrent performing counterargment in some major bilateral obligation contracts and its transformation.(4)the exception of applying right of concurrent performing counterargment.