Injuring Performance Research

Injuring performance,originated from Imperfect Performance in German civil law,developed in Japanese and Taiwan District,has become so-called Defective Performance or Injuring Performance which the thesis will deal with.No doubt,Injuring Performance should be one of sorts of default of debt in Chinese civil law system.So,creditors should be compensated in the action for the breach of contract,and the compensation of damage should be widened and strengthened so as to break up the limitation of traditional theory of liabilities for breach of contact.Therefore,compensation for breach of contract includes not only interests of performance,but inherent interests,especially moral damages. By adopting the method of comparative law and historical approaches to law,the thesis researched briefly the origin and development of the Injuring Performance,analyzes the value of the system,and sets forth my own views on the Injuring Performance.The author also expects the thesis can provide with some good advice so as to perfect the system of liabilities for breach of contact,and protect creditor perfectly.This thesis is divided into three chapters:At the first,we do an introduction to the whole thesis and bring forward the issue of Injury Performance.ChapterⅠ: We definite the conception of Injury Performance, and analyze the composing elements of Injury Performance.ChapterⅡ: At the first part,via comparing the tortious liabilities and the contract duty,we find that there are many differents between them.But, the Injury Performance we want to dicuss just is composed by the different two concepts. Through analysis of its internal mechanism and with liabilities'concurrence,we can give more legal relief to Injury Performance.At the second part,we introduce the origin and development of Injury Performance,compare and analyze legal relief of Injure Performance of other countries and regions. Mainly disucsses the theoy of overlapping of libailities,this Part reviews the there important doctrines(in Gmeran,they are Gesetzkonkurrenz,Anspruchskonkurrenz and Freie Anspruchskonkurrenz). And on the basis,we analyze the attitude of our actual law towards Injury Performance.ChapterⅢ: We discuss how to perfect the necessity and rationality of Injury Performance. It starts from the regulated purpose and functions of Injury Performance and adopts the credit law theory.Through the analysis of liabilities'concurrence theory,we find that it is the consequence of expansion of contract law system and its theoretic meaning is mainly about solving Injury Performance problems.As to the mental sueffrnig,for many reasons,lots of civil scholars hold that this kind of damages was non一Pecuniary loss,can be redressed by tort law,not by contract law.But there are some kinds of contract in which the mental suffering has happened and must be redressed by contract law.Some experts call such contract as objective contract.On the other hand,there are some wrong notions on the concept of"concurrence",so it should be redressed that we can provide the injuring performance with correct and all-around relief.