On Schlechtleistung

Schlechtleistung are the traditional proposition theory in civil law. In the process of indebted to fulfill, the debtor's payments do not meet the thrust of the debt, the creditor against the inherent benefits of the act, are "breach of contract and tort" relationship. Schlechtleistung are theory originated in Germany. This theory also exist in Taiwan, continent theory has inherited the theoretical framework of the Taiwan region. In research methods, this article will be placed on the system of "facts constitute"and "legal effect". Under the former style, defined the concept, classification and elements; in the latter, under the theory of schlechtleistung to theory of pflichtverletzung, are in breach of the schutzpflicht, the consequences of this theory led to the expansion of debt system. Damages in schlechtleistung are the most important legal effects. liability for breach of contract and tort liability, although the model of competing creditors can protect the legitimate rights and interests, but there are still many questions, should be established to the civil law tradition the principle of liability for breach of contract as the form of liability, is inappropriate to adopt the "contract Law" article 122 as the legal basis for schlechtleistung. and should be made clear under the form of liability for breach of contract could be argued that due to schlechtleistung compensation for moral damage caused, to provide more complete relief channels for creditors. finally, three influential scholars have suggested that the civil code as a reference the contents of draft proposed legislation schlechtleistung selection recommendations.