My Opinion On The System Of Specific Performance

As one of important liabilities for breach of contract, Specific performance is provided in many countries.Its importance not only lies in its long history,but also the significant role it played in the law history of various countries. Nevertheless,its existence has been questioned in jurisprudence and judicial practice.In the jurisprudence,it embodies the challenges of the "efficient breach"theory and the conflicts of traditional classical theories: the distinctions between the breach of contract and the violation of the laws and the differences between the property rights and claims. The shortcomings of the judicial practice mainly reflect great mandatory and the posteriority and the complexity of relief for victims.Then, for specific performance, is there no need to exist? To settle the problems involved,the article has a comprehensive discussion.Sectionâ… introduces the basic concept of the specific performance;Sectionâ…¡analyzes the different status and values of specific performance in Common Law System and Civil Law System through comparative methods;Sectionâ…¢analyzes specific performance in legal economic method ,then sets out the drawbacks of specific performance. On this basis, discusses the rationality of specific performance and concludes.The author believes that specific performance is necessary to exist in the legal system;The Sectionâ…£analyzes the stipulation and the application of specific performance in Chinese contract,then proposes the suggestions for improvement.