The Study On The Effect Of Impossibility Of Performance

Law is born of and naturally changed with society. When in legal practice, impossibility of performance usually occur because of various barriers and problems in contract performance. For example, Debtor can not carry out the contract for force majeureb or the damage and perdition of nominated objects in contract. In the abstract, impossibility of performance indeed be involved the rights and obligations performing in both of debtor and debtee, as well as legal effect and so on. Therefore, it is necessary for us to make a deep research and study in impossibility of performance effect in order to instruct and solve the associated problems.The main study content of this thesis are as follows: On basis of the results of Debt Law Reformation in Germany in 2002, the main legislation representative of Continental Law System, focusing on the debates in theory circle about impossibility of performance, we are to compare the two law systems and international conventions, analyse of the advantages and disadvantages of each; to remedy the deficiency in theory and legislation in present period, conforming domestic regulations about impossibility of performance effect, to construct a organic, uniform, harmonious impossibility of performance effect regulation.At first, to list a series of debates caused by impossibility of performance in theory circle. The theory divergences pool in the initial uncertaining of impossibility of performance, the accordance in the initially subjective and objective impossibility of performance, and uniformation in dividing initial and aferward of impossibility. This is the sparkles of learners' deep thought on traditional civil law theory in value. On initial of impossibility, they furiously condemn doctrinarians who embrace "Impossibility of performance does not make the debt". They disagree dividions in styles which made by traditional theory about impossibility of performance because that lacks of clear dividing line and is immaneuverable in practice.Secondly, analysing by comparing between the two law systems and international conventions on impossibility of performance effect, we are to learn the impossibility of performance and its developing trend under the globlization nowad ays. The New German Debt Law obtain the new vital force and vigors from that change, and its modernization is consistent with the modern practice. However, New Law neither considerate the interest of privy nor equalize the interests of both sides, which makes uncertaining of contract effect once the mistakes appears on both sides. The laws in France is narrow in application range on derterminant of initail of impossibility, but flexible in legistration. While laws in US and UK is reasonable in impossibility of performance, especailly on the equalization on the interests of both sides. And international conventions is incomprehensive in effect of impossibility of performance, and out of consideration in impossibility of performance caused by common mistakes and cheats. We also can make out the common points between the two law systems and international conventitons on impossibility of performance effect so as to give a revelation on the on regulations of impossibility of performance effect in our country, by comparing the concrete regulation items on impossibility of performance effect between New and Old Laws in Germany, and by analysing the flexibility of laws in France and the improvement and consummation of laws in U.S, U.K. and internaitonal conventions.At last, on view of the present situation of legistration in our country, consulting the theory of effect of impossibility of performance in domestic academic circle. In order to continually promote the development of impossibility of performance effect regulation, to enhance synchronization development of legistration and theory, offer in studying the science for legislating and stipulate clearly that can't pay the walid regular theoretical foundation of law of the contract, establish one more comprehensive judicial explanation. While can't pay the validity of the contract to designing, rational link up the related regulations of impossibility of performance,. It have no right by contract of punishing with the subjective since beginning can contract validity last appropriate arrangement. Partiailarly, sciently set the contract effect of impossibility of performance, validity of the contract that until since the beginning is objective can be define beginning subjective since in unison,for since beginning can validity of the contract can treat as the same. We should make sense of principle regulation, and it until can't effect of the contract stipulate and combine with afterwards.