Study On The Contract Effect Of Impossibility Of Performance

Law is born of and naturally changed with society. When in legal practice, impossibility of performance usually occur because of various barriers and problem in contract performance.for example, Debtor can not carry out the contact for force majeureb or the damage and perdition of nominated objects in contact. In the contact,impossibility of performance indeed be involved the rights and obligations performing in both of debtor and debate,as well as legal effect and so on.therefore, it is necessary for us to make a deep research and study in impossibility of performance effect in order to instruct and solve the associated problems.The main study content of this thesis are as follow:On basis of the results of Debt Law Reformation in Germany in 2002, the main legistration representative of Continental Law System, focusing on the debates in the theory circle about impossibility of performance, we are to compare the two law systems and international conventions, analyse of the advantages of each; to remedy the deficiency in theory and legistration in present period, conforming domestic regulations about impossibility of performance effect to construct a organic uniform, harmonious impossibility of performance effect regulation.At first, introduces the basic concept of impossibility of performance, summarizes the concept of impossibility of performance in the various legal system,list several view about the classification of impossibility of performance,we have a whole understanding about of impossibility of performance.In Continental law system,impossibility of performance is that the social normal concept causes debt in fact to be unable to fulfill.In Angle-American law system,there is not a clear legal about impossibility of performance,but the regulation of common mistakes and contract performance frustrated system are similar with impossibility of performance.Secondly, introduces the contact effectiveness of impossibility of performance form three aspects about the judgement of contact effectiveness, effect of initial of impossibility and afterword of impossibility.To list a series of debates caused by impossibility of performance in theory circle.The theory divergences pool in the initial uncertaining of impossibility of performance, the accordance in the initial subjective and objective impossibility of performance,and uniformation in dividing initial and afterword of impossibility.Thirdly,analysing by comparing between the two law systems and international legislation on impossibility of performance effect, we are to learn the impossibility of performance and its developing trend under the globalization nowadays.The New German Debt Law obtain the new vital force and vigors from that change, and its modernization is consistent with the modern practice.However,New Law neither considerate the interest of privy nor equalize the interests of both sides, which makes uncertaining of contract effect once the mistakes appears on both sides. The laws in France is narrow in application range on determinant of initial of impossibility,but flexible in legislation.While laws in US and UK is reasonable in impossibility of performance,especially on the equalization on the interests of both sides.And international conventions is incomprehensive in effect of impossibility of performance,and cheats. We also can make out the common points between the two law systems and international conventions on impossibility of performance effect so as to give a revelation on the regulation of impossibility of performance effect in our country, by comparing the concrete regulation items on impossibility of performance effect between New and Old Laws in Germany, and by analysing the flexibility of laws in France and the improvement and consummation of laws in US,UK and international conventions.At last,on view of the present situation of legistration in our country,consulting the theory of effect of impossibility of performance in domestic circle.In order to continually promote the development of impossibility of performance effect regulation,to enhance synchronization development of registration and theory, offer in studying the science for legislating and stipulate clearly that can't pay the walid regular theoretical foundation of law of the contract, establish one more comprehensive judicial expalanation.While can't pay the validity of the contact to designing, rational link up the related regulations of impossibility of performance.It have no right by contract of punishing with the subjective since beginning can contract validity last appropriate arrangement. Particularly,society set the contract effect of impossibility of performance,validity of the contract that until since beginning can validity of the contract can treat as the same,We should make sense of principle regulation, and it until can't effect of the contract stipulate and combine with afterword..