Injuring Performance Research

That implementation of illegal contract obligation renders injury to inherentinterest is one of the important characteristics of Injuring Performance. It breakstraditional limit of civil law and embodies expansion of contract law system whenmanaging this issue. The rationality of expansion of this system should be traced backfrom the historic roots of development of Injuring Performance theory. Throughhistory and comparison analysis we find that inherent interest is brought intoprotection range of contract law then introduces liabilities' concurrence theory whenmanaging injuring performance issues in the world. Our country follows this trendand uses the reference of advanced international experience so that the attitudetowards Injury Performance is getting clear in judicature and legislation. Whereas indoctrinal study side, there is still necessity of clearing the application of composingelements of Injury Performance, legal impact and liabilities' concurrence.Except preface and conclusion, this text is divided into four chapters.Chapterâ… : Origin and development of Injury Performance. Via researchingprogress of Imperfect Performance Theory in German civil law and DefectivePerformance Theory in Taiwan region we discuss its purpose and functions. On thebasis, we analyze the attitude of our actual law towards Injury Performance.Chapter â…¡: Composing elements of Injury Performance. After analyze thecomposing elements of Germany and Taiwan's relating system, we definite theconception and styles of Injury Performance and sort it to four elements: (1) Validcontract connection between parties in a contract is existed. (2) Debtor violatespayment obligation or contractual collateral obligation. (3) Injure the inherent interestof creditor. (4) Debtor has faultiness.Chapter â…¢: Compare and analyze legal relief of Injure Performance of othercountries and regions. We compare legal relief of Injure Performance of othercountries and regions and find that although the systems vary from each other, themanaging models are simply the same. They without exception bring inherent interestinto protection range of contract law to expand contract law system consequentlyexert liabilities' concurrence theory to manage Injury Performance issues. Throughanalysis of its internal mechanism and with liabilities' concurrence, some revelationcould be concluded.Chapter â…£: The legal relief to Injury Performance in Mainland China. Based ondissertation below, we discuss how to perfect the necessity and rationality of InjuryPerformance. It starts from the regulated purpose and functions of Injury Performanceand adopts the credit law theory. Through the analysis of liabilities' concurrencetheory, we find that it is the consequence of expansion of contract law system and itstheoretic meaning is mainly about solving Injury Performance problems. From theapplication terms of liabilities' concurrence, we reckon that legal relief of InjuryPerformance should distinguish from interest loss. Loss of performance interestshould be relieved complying with liability of bleach of contract while loss ofinherent interests should be relieved complying with liabilities' concurrence. As far asinherent interests relief is concerned, we analyze the utility of relief of liability ofcontract and liability of breach of contract and find that both two rules have theirstrengths. Therefore that party in contract should be rewarded the different claim ofrights according to judgment of their interest should be permitted by law. Afterconfirming the approach of relief of Injury Performance, its legal impact could beclear. It embodies as maintain performance, release the contract, payment breach ofcontract penalty and amend the loss.