The Event As The Performance Barrier And Its Standard System

Contract is an important tool for the parties to achieve autonomy, so the normal performance of the contract is of great significance for both parties. But, in real, due to various obstacles, it is common that the performance of the contract can not properly perform. There are many kinds of obstacles, mainly including breach of contract and events. This thesis focuses on the role of the events in the law of performance barriers and the system of constitution, in particular:The first chapter describes the three events in the law of performance barrier. Section I describes the events of the civil law, distinguishing the incidents and the facts and other concepts. According to the meaning of the events, we can see that the force majeure, change of circumstances, accidents are the events on the civil law. Section II describes the status of the events in the discharge of barriers to the law. First, we described the meaning and scope of the performance of barriers. Obstacles to performance of the contract mean the situation which results in the failure, including incidents and violations. Then that the event and violations have their own unique side has been described, which means that in the discharge of barriers of law in the event has its own unique position as the difference between the incident and breach of view: the nature of the event as the fulfillment of barriers and characteristics in respect of the contracts to fulfill the specific impact of performance and events as the fulfillment of the legal obstacles to the consequences of what happened with the other obstacles to the fulfillment of a significant difference, with its own unique position.The second chapter describes the relevant elements of force majeure. Section I describes the phenomenon of force majeure. In terms of the defining concepts, force majeure means unforeseeable, unavoidable and insurmountable objective phenomenon. For the criteria of force majeure, there are the subjective theory, the objective theory and the compromise theory. This thesis argues that the compromise one is more reasonable, and the reasons of the proper. The scope of force majeure includes natural disasters, social anomalies and national acts, and natural disasters and social anomalies and the specific content of acts of state were discussed. Then the author discusses the history of force majeure. Section II highlights the resistance does not rule that the occurrence of force majeure, the legal consequences arising from force majeure is exempted from the legal consequences of the main obligation, waiver of liability under the theory that a causal relationship between the subjective and the compromise that said that this compromise that is more reasonable. The effect of force majeure rules has largely hindered performance of the contract, leading to change or dissolve the contract and waiver of liability.The third chapter describes the circumstances change and change of circumstances rule. Sectionâ… introduces the basic knowledge of circumstances to change. According to the defining concept of perspective from the change of circumstances refers to the completion of the contract until after the establishment of performance, there were unforeseen by the parties, the situation can not be attributed to changes in the party, leading to significant performance of the contract as is loss of equity, the parties may request the court to change or cancel the contract system, the next elements of the composition change of circumstances were to analyze, in analyzing the change of circumstances form to study for the process, the paper also distinguishes between circumstances change and business risk, business risk of the parties can and should be the reasonable foreseeable risks, and changes in circumstances, the parties of the situation change is unpredictable. Sectionâ…¡describes the situation to change the rules, the situation changes in the rules of the theoretical basis, this paper describes the behavior of the loss of the basis of civil law amendment act theory and the theory of common law also referred to defeat the purpose of contract theory. According to the relevant Supreme Court explained, after the change of circumstances will change or cancel the effect of this change of circumstances are called the primary effect and secondary effect. Sectionâ…¢on the two senses and change of circumstances of force majeure to be compared, respectively, to clarify the relationship between change of circumstances and force majeure.Chapter IV describes the incident. Accident is the accidental events which are not due to the fault of the party's intentional. They have established contact with the force majeure, but in the modern civil law, there is the trend of the convergence of these two. This in turn has clarified the incident and the relationship between changes of circumstances. Section II is about the accident and strict liability. Because as the strict liability happens, there is no fault liability, so the incident does not of course constitute a strict liability exemptions. However, sometimes unexpected events may satisfy the elements of force majeure or the elements of the composition of changes, then you can apply the rules of force majeure or change of circumstances rule. Section III describes the burden of unexpected events and risks, the paper argues that the accident occurred, the risk burden for the rules applicable in the contract of sale where delivery of doctrine, applicable in all situations of non-contract for the sale doctrine.The last part of this conclusion is the summary of the content, and lists the various events to form a system.