On The Injuring Performance

Injuring performance ,originated from Imperfect performance in German civil law, developed in Japanese and Taiwan district, has turned into the defective performance in China. The injuring performance has been researched a lot in German civil law and Taiwan district civil law, and each law has its corresponding regulations. On the contrary, our law hasn't regulated it clearly. Based on comparative studies, and from combing it with the current legislation situation in our law, the author put forward ideas on the establishment of the system of injuring performance in china. Injuring performance increases the possibility of the occurrence of the theory of liabilities' concurrence and also promotes its development. our law hasn't regulated it clearly. Based on comparative studies, and from combing it with the current legislation situation in our law, the author put forward ideas on the establishment of the system of injuring performance in china. After introducing the definition of injuring performance, the author put forward the history and the development of injury performance theory. Thus, the author makes it clear that besides the purpose of filling the law hole, the other important function of the injuring performance is, the perfectibility interest which in the past by tort law, now also can be protected by contract law. The obligation system of contract law has been expanded. The injuring performance is not equivalent to the theory of positive infringements upon creditor's rights or the incomplete fulfillment, but is the main part. Then the Study of the elements of the injuring performance after a overview of that of German and Taiwan district. At last mainly discusses how to build up a system of the relief of the injuring performance. 3 respects: based on the principle of comprehensive compensation, which indicates that both the damage of performance interest and perfectibility interest should be compensated; the theory of mutual-effect claim concurrence should be adopted; the author considered it reasonable to adopt the punitive damages into the relief of the injuring performance.