Injuring Performance Research

China's traditional theory and the Contract Law use the method ofliabilities' concurrence to relief injuring performance. This method does notdifferentiate the state of interests occurred by the injuring performance, andthe method of liabilities'concurrence does not make the creditor's rights andinterests from the full compensation, however, a fair and reasonable systemshould be designed so that the victims can receive full compensation for theloss in order to restore to the non-destructive state before breach of contract ortort. The simply remedy model of the liabilities'concurrence theory has beenclearly considered as the wrong method to relief the creditor's damages, whichhas distinctly defects. Therefore, it is necessary to analyze the concept, theconstitutive requirements and classifications of the injuring performance andso on, and discuss them with the theory of liabilities' concurrence and theory ofpolymerization liabilities. And then obtain the conclusion: first, when thedamage includes the performance benefit as well as inherent benefit, adoptingthe theory of polymerization liabilities approach to relief is reasonable andthere are not obstacles either in the system level and technical level or thelegislation level. Second, when in case the damage only the performancebenefit, there is the liabilities'concurrence theory to apply. Namely, the remedyof the injuring performance shall be differentiated as two states to adopt different methods of theory to relief, which will enable creditors to fully restorehis damages and losses.The essay is divided into four chapters except the Preface.Chapter I: put forward the development history of injuring performancetheory. Introduces the origins of injuring performance theory from Germanyand the theory of Incomplete Fulfillment in Taiwan district, and the concernedlegal precedent in common law system countries. Analyze the relevantlegislations in our mainland civil law systems.Chapter II: Constitutive requirements of the injuring performance. Mainlycompares the concept of the injuring performance and classify the differenttypes for deep understanding, thus obtain its four constitutive requirements:firstly, the debtor has performed the contract; secondly, the debtor violated theperform obligation or incidental obligation; thirdly, infringe the creditor'sinherent benefit; fourthly, it can be attributed to the debtor.Charter III: the legal effect of the injuring performance. This part is thecore of this paper, mainly discusses and analyzes the method of remedy,which combines theory of liabilities' concurrence and theory of polymerizationliabilities to analyze the inadequate in our country's current remedy for theinjuring performance, and then proposed author's own viewpoint, that is, whenboth the performance benefit and the inherent benefit are damaged, adoptingthe polymerization liabilities can fully restore the creditor's losses; When onlythe inherent benefit is damaged, adopting the liabilities'concurrence issuitable.Charter IV: mainly analyze the relationship between the injuringperformance and the product liability and analyze the role of the protectioncontract for the third party, pointing out the relationships between the injuringperformance and the two.