Research On Impossibility Of Performance

Impossibility of performance is primarily a conception of contract laws shared by the countries involved in the Mainland legal system, which can be traced back to the relevant provisions of Roman Law. Impossibility of performance system, the core of the Pay Barrier Law, made great progress and improvement during the formulation of the German Civil Code.The author assumes that there is still a great deal of disagreement on the relations between Impossibility of performance and violation morphology as well as contract effectiveness among the theorists. Meanwhile, legislative provisions regarding Impossibility of performance, which are lack of rigid logic and systematic arrangement, seem too loose, causing a lot of problems to be solved in the practice of contract laws.This paper taking an initial start at the definition and historic origins analyzes the varieties of Impossibility of performance and defines this conception based on protecting interest of both parties concerned in an attempt to sort out the legal effectiveness of Impossibility of performance combining with attribution. Furthermore, this essay from the prospective of civil law system puts forward a couple of arguments on the Impossibility of performance system of Chinese contract laws.The first part focuses on the overview of Impossibility of performance. This section mainly discusses the definition, development, historic origins and major categories, which is the theoretical premise of this research. Only an accurate grasp of all these mentioned above can help one have a deeper understanding about the essence of Impossibility of performance and status as well as value in the performance barrier system of contract laws.The second part is to define Impossibility of performance. This section focuses preliminarily on the analysis of the development of pay barrier laws relevant to the Mainland debt laws fields leading to the legal assessment of Impossibility of performance as violation morphology. Combining with the criticism on the provision, pay disability does not constitute a debt, this section mainly argues about the logic links between Impossibility of performance and contract effectiveness especially about the analysis that initial performance cannot be constituted as effective values offering a further demonstration that validity of contract is the logic premise of Impossibility of performance. The author also discusses in detail in this section the key issues required to determine Impossibility of performance and judge criteria and thus offers a prerequisite for the scope determination of Impossibility of performance.The third part is concerned about the legal effect of Impossibility of performance. This section discusses the legal effect based on the premise that Impossibility of performance serves as non-compliance. Under normal circumstances, the legal effect is mainly reflected in two aspects: First, whether the debtor's payment obligations under the original and dual-service contracts should continue to be fulfilled or not. Secondly, the debtor who is exempted from payment obligations should bear what kind of sub-pay obligations and in what ways the interests of creditors can be protected. This part first of all focuses on the analysis of the specific legal effect of practice disability and then explores the attribution of the debtor or other parties possessing subjective factors to the Impossibility of performance effect.The fourth part is concerning the perfection of Impossibility of performance system relevant to China's contract laws. This section initially analyses the present status of provisions mapped out by China's Civil Law pointing out the conflicts existing in China's regulations mainly reflected in the formulations on contract effectiveness and legal consequences. Based on the above argument, this paper attempts to put forward proposals to improve the Impossibility of performance system of China's Civil Law applying the relevant provisions of China's contract laws as basic framework and taking advantage of related content as supplement.