Reconsideration On Injury Performance

The breach of contractual obligation causes the injuries of inherent benefit,and also leads to default and tort,which is the substantive characteristic of injuring performance.It is a typing marginal issue under the dualistic structure of default and right infringement,incarnating the expansion of contract law in modern civil law.In our country,Injuring Performance exists as a shape of responsibility for breaking a contract.To handle these problems on injuring performance,we introduce the concepts and theories of concurrent liability from abroad the advanced expertise and acknowledged by legislation.However the traditional theory of concurrent liability can't solve all the problems of injuring performance.Either in doctrinal study side or in judicature practice,it is still necessary to investigate the wider implementation of composing elements of injuring performance,legal impact and the theory of concurrent liability.Based on the method of comparative law and historical research,this article relatively makes a comprehensive discussion and exploring of the theory,the origin,the concept,the category,the composing elements,the relief measures and the institutional value on injuring performance. Simultaneously,in the article several doctrines are precisely described,for instance:all kinds of shapes of responsibility for breaking a contract in our country,the theory of concurrent liability and the contractual relief of moral damages etc.The goals of this article is to provide reference for the legal relief of injuring performance,the perfection of legal system on legal remedy and the interests protected of the creditor.Besides the preface and the conclusion,the ranking orders in the article are:Chapterâ… :The Origin of Injuring Performance.In this chapter,the fundamental content of the actively infringe creditor-fights system in Germany,the development and change at pre-post reform of Germany obligation law are emphatically discussed.To clear the fundamental origin of injuring performance will make contribution to deeply understand its standard aim and function.Chapterâ…¡:The Injuring Performance system in our country.On the basis of introducing the different definitions given by many domestic scholars,this article clarifies the suitable concept.From the point of breaching the duty it makes a typological analysis on the Injury Performance,combined with the different legal results to compose the elements in order to set up references for our legal system.Chapterâ…¢:The legal Relief of Injuring Performance.The concurrence theory on Liabilities is a breakthrough point in this article, whose aims is to perfect the legal relief measures of Injuring Performance. According to the theory of concurrent liability,the different legal relief of Injuring Performance cause kinds of damage results,However,the compensation of damage should break the limitation of traditional theory, widen the creditor's inherent interest,including the moral damages.The last chapter of this article summarizes the target and the function of injuring performance.In conclusion,if a legal concept or system in one country is adopted by other country well,the adopted concept or system must be meshed with the intrinsically tradition and inherent system so that the extraneous theory or system can play its role.