| Specific performance, an important form of breach of contract, should cover that when the defaulting party doesn't fulfill the contract, the other party to the contract may request that determines its fulfillment contract duty. As an important legal system of contract field, specific performance manifests in the Civil Law System and Common Law System. However, its status is quite different. The Civil Law System takes specific performance as the general principle of breach of contract, other duty forms supplementary. While the Common Law System takes the compensation for damage as the principle, specific performance as an exception. The status of specific performance is a transformation process in the Contract Law in China. Specific performance is regarded as the important principle in the time of planed economy. When the Contract Law in 1999 stipulated the form of breach of contract, it firstly stated the forms of continued performance; however, it didn't become the foremost form of breach of contract as the legislator expected. The case of continued performance of the specific performance accounts for very little, and specific performance didn't play the active role, which is worth reflecting. Especially in real estate contract of sales field, as the social real estate is manifesting the huge economic interest now, and urges the real estate to circulate frequently, there are more and more real estate business disputes, especially the real estate dual business questions. Facing this kind of dispute, specific performance has its unique significance and value, and the improvement and full use of this system will play a great role in the steady development of the real estate of business field.This paper is composed of three parts, the introduction, the body and the conclusion.The introduction mainly states the theoretical and practical significance of this paper, the relevant domestic and abroad research results as well as the question which will be solved by the paper.The body can be divided into four chapters.The first chapter elaborates the general principle of specific performance, including the connotation and characteristics as well as the applied conditions of specific performance. The first section of this chapter states the concept and characteristic by analyzing specific performance and its relevant concepts. The second section states the related condition of applying specific performance on the basis of its concept.The second chapter analyzes the values embodied in specific performance and explains that specific performance is a form of responsibly of contract field, which is an embodiment of universal value as well as the indispensable of contract liability. This chapter can be divided into two parts. The first section states the relationship between specific performance the contract ethics, the efficient breach and autonomy of private law to embody the universal value of specific performance. The second section concretes the field of the contract liability and compares the forms of specific performance and the compensation damage to highlight the unique value of specific performance as the contract liability, which plays an important role in making up the forms of compensation and damages.The third chapter introduces the systems of specific performance of the two Laws separately by explaining the development and status of specific performance of the two Laws. This chapter states the concept and value of the systems of specific performance, which provides the references to the improvement of specific performance systems in our countryThe fourth chapter analyses the development and present situation of specific performance systems in our county, summarizes the deficiency, and proposes the corresponding measures to improve our country's specific performance systems. Facing the increasingly multiple real estate sales disputes, it has the practical significance to perfect and improve specific performance.The conclusion part makes a general summary of the whole passage.
|
PDF Full Text Request