Study On Reform Of Impossibility Of Prestation

In the reform of Germany law of obligation in 2002, the institution of impossibility of prestation had been rebuilt. And the fruit followed had been acquired: quitting of the impossibility of prestation from the central position of the law of impediment, construction of new type system of the institution of impossibility of prestation, endowing the type of impossibility from origin contract effectiveness, giving a new connotation to the trust benefit. Based on the introduction of these fruits, this paper mainly discusses some questions relevant.In the fist place, some analysis relate to the evolution of the type system of the institution of impossibility of prestation have been presented. In the old system, two questions exist: it is difficult to differ subjective impossibility from objective impossibility, and impossibility from origin have no contract effectiveness. Now, the institution is no longer divided into subjective impossibility and objective impossibility. Thus, there is no longer controversy relate to the norm of the difference. There is also no longer different effectiveness between impossibility from origin and impossibility afterwards, because this division had been removed. The new type system is constructed of natural or legal impossibility, impossibility in fact and impossibility of personal obligation. The new system has a wider extension than the old one.In the second place, the relationship of impossibility of prestation and other impediments has been debated. A new central connection base had been setup: "violating the obligation". On this base, all impediments work. Because "positive damage of creditor's right" had been called "the third impediment" in history, it can...