Font Size: a A A

Injuring Performance Research

Posted on:2009-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:X SongFull Text:PDF
GTID:2166360272463684Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Injuring performance is called active infringement of creditor's rights in German, and Taiwan District's improper pacare, our country's injuring performance has a close ties in origin with it. This theory is called "the discovery in the law science." Injuring performance is by the case law into the code, after the Swiss debt law, the Japanese Civil Code , this theory has been studied in depth way. But in our country, injuring performance is one of the most controversial issue in our civil law. Although the scholars in our country have controversy in this theory, but a few people to do more depth research in it. In many cases are discussed other issues related to collateral, it is can't not say it's the weakness in our country's Civil law.Injuring performance is a kind of severe action of breach of contract resulting in loss of performing benefit as well as inherent benefit. In traditional civil law, performing benefit was protected by contract law, while inherent benefit by tort law. In China, inherent benefit is protected according to the principle of Liabilities' Concurrence which can not afford the complete compensation. In this thesis, the author demonstrates the rationality of adopting Liabilities' Combination in injuring performance on the base of comparative study.The thesis consists of four chapters besides the foreword and the conclusion.Chapter One describes the historical development of the system of injuring performance, gives a detailed analysis of the relevant systems in Germany and China, including the mainland and Taiwan, and explores its theoretical origin and development. With the application of historical analysis of its strengths and weaknesses, this chapter offers a general understanding of the Injuring Performance system in a broad sense.Chapter Two analyzes the Injuring Performance from two aspects, namely, the legal requirements and consequences. From the perspective of comparative law, it studies the legal requirements and consequences of the injuring performance in Germany and China, including Taiwan and the mainland.Chapter Three demonstrates the Liabilities' Concurrence and the Liabilities' Combination of the injuring performance through analysis and comparison, and come to the author's own view that Liabilities' Combination theory should be taken to protect the interests of victims better.Chapter Four expounds the injuring performance from the angle of China's legislation on its legal remedy.In short, from the perspectives of comparative law, science of legal interpretation, and the history of law, with the application of empirical analysis, value analysis and economic analysis, this paper conducts a detailed research on the injuring performance, revealing a series of problems in China's relevant theories, legislation and judicial practice issues, and proposing some suggestions on the improvement of China's legislature.
Keywords/Search Tags:tortuous liabilities, liability for breach of contract, Liabilities' Concurrence, the Liabilities' Combination
PDF Full Text Request
Related items