The Research On Repudiation

Repudiation had not been included in the system of non-performance since Roman law of civil legal system until the concept of"positive infringement of creditor's right"was claimed, repudiation was accept as a form of povitive infringement of creditor's right by theory and practice of judicial for the first time. China's mainland and Taiwan on wether or not to comply with regarding repudiation as an independent of non-performance, has not yet formed a united view in theory and practice at present. The author approved that repudiation was an independent of non-performance. Firstly, starting with the concept of repudiation, classification, nature and its position, this paper discussed its value of fairness, effcience and security. Secondly, it elaborated the difference between repudiation and the other non-performances, inspected the relevant provisions of repudiation from the extraterritorial laws and legal documents. At last, it briefly analysised the elements of composition and legal consequences of repudiation, united with the existing problems of repudiation in our country, gived some concrete recommendations on perfecting the system of repudiation.