By Injures The Right Relief Which Pays

Injures pays is also called the request power to compete gathers, is one kind of special shape which the contract fulfills not completely, simultaneously has the violation and the right infringement characteristic. Injures pays in the German law calls to violate the creditor's rights positively, is called in our country Taiwan area pays not completely, it is been honored as by German scholar Dole in the legal science the great discovery. Compete the most typical performance which as the violation responsibility and the right infringement responsibility gathers, in view of injures the traditional practices which pays is chooses one kind of request power to solve, this has obviously its unreasonable and obviously loses the fair place. Our country law of contract competes the theory which about the responsibility gathers not to be able to give the litigant by the full relief, therefore regarding will injure the right relief question which will pay performs in present's theory and the practice to explain and to take seriously. This article is mainly through the reading related work and the literature material, the research mentality proposed that the question, the analysis question,solve the problem are the clue. the comparative analysis research technique specifically in the article writing, and unifies the domestic and foreign related law the research present situation to carry on the elaboration.This article is divided three parts. The first part is the case synopsis and the initiation legal ponder.The second part from injures the characteristic which, the legislative necessity, the judicial practice present situation and pays aspects and so on right relief way multiplication to disputed that the question launches the analysis. The third part proposed that concrete consummates the suggestion, such as injures pays the result contract fulfillment benefit the harm to integrate the right infringement compensation scope, expands the violation damage compensate scope suitably, then safeguards obligee's legitimate rights and interests fully.