A Study On The Right Of Concurrent Performing Counterargument

The right of concurrent performing counterargument, is one of important part in the tradition civil law of the continental law. This system is very important to safeguard business transactions, balance the interests between the parties, promote trade. So it has been regulated in most countries in the world of the continental law system. This right is also regulated in the item 66 in the contract law of People's Republic of China issued in 1999, "The parties have liabilities for each other ,which carried out the order of succession, should perform the liabilities of a contract at the same time. One party can refuse to perform the contract before the other party perform. When a party don't perform in line with the agreement, the other party of the contract has the right to refuse the relative request." This regulation marks the establishment of the right of concurrent performing counterargument in the law system of our country, it helps to improve the system of the right to defense in our country. However, the law about the right of concurrent performing counterargument is too simple that only one rule to regulate it. While the academic study is not yet so ample with some disputes still existing in the basic theories. These problems cause people can't exercise the right of concurrent performing counterargument correctly in practice, and has a loss of positive significance to the society at a certain extent.In order to solve the problems in the system of the right of concurrent performing counterargument in our country which have been referred above, and have a correct understanding of the right of concurrent performing counterargument. This essay consists of four parts to discuss and analyze in what follows: the basic problems, elements , the application and restrictions, the force of law of the right of concurrent performing counterargument. Furthermore, there are some suggestions have been referred about how to build and improve the right of concurrent performing counterargument in the essay.