Research On The Value Of Specific Performance

As an important rule of Civil Law, the value of the specific performance should accord with the value of the modern Civil Law. Therefore, the value of the specific performance in the modern Civil Law shall include the following aspects: the design and explanation of the specific performance should be consistent with the operation of the ethic of the contact and the justice of private law; which should emphasize particularly on the protection of the security of transaction, and even cost the static legal relationship of property in order to protect the security of the dynamic legal relationship of property. Based on the above value, the article deep probes into the fundamental problems in respect of specific performance in order to clear the basic theory and to some extent perfect the legislation and promote the development of the juridical practice.The article is divided into four chapters.The Chapter one is mainly about the comparing study on the value of the system of Specific Performance. First, the author introduces the current status situations on Specific Performance of some countries in the range of the common law, which include the general and restrict rules. And we find that Specific Performance is just the subsidiary form as the remedy for the breach of contract. It is thought that the value of Specific Performance is inferior to the remedy to damage in accordance with the traditional theory of the common law. Secondly, the author introduces the current status situations on Specific Performance of some countries in the range of the civil law, which include the specific regulation to Specific Performance in German and France and so on. Then we find that Specific Performance is the first remedy form...