On The Execution Subsidiary Of International Commercial Contract Debt

With the refinement of division of labor and the continuous emergence of alltypes of businesses and organizations in today’s society, the debt of commercialcontracts constantly put forward higher requirements of debtor, which is moreobvious in the international commercial contracts. The diversity and internationalizedbodies of the contracts leads to the complication of the performance of the contracts.An increasing number of cases have to be achieved by means of a third party`assistance. However, among the international harmonization of substantive legalnorms with respect to the international commercial contract, there is no detailedprovision with regard to this issue. How to judge the third party as a performanceassistant and how to assume the breach of contract caused by the performanceassistant may be deemed to the chaos application of laws. Meanwhile,"Contract Lawof People’s Republic of China"(hereinafter referred to as "the" Contract Law "),andthe "People’s Republic of China Tort Liability Act"(hereinafter referred to as "" TortLiability Act,"") have the same problems, which is sharply unlike the increasingmembers of performance assistants. Consequently, the study of performance assistantsin the international commercial contracts is a significant matter with respect to theresearch of international commercial contracts.In this paper, Commercial Contracts performance assistant is the inspectionobject, by reference to the relevant provisions of civil law and common law system aswell as the international harmonization of substantive legal norms, such asUNIDROIT Principles of International Commercial Contracts(hereinafter referred toas "the" Principles "), Principles of European Contracts Law, Common EuropeanSales Law and The United Nations Convention on the International Sale of Goods（hereinafter referred to as "the" CISG"）.First, the paper defines the characteristics of performance assistants inInternational Commercial.Performance assistants are the third party of the contractand are created by the debtor. Secondly the paper analyses the types performanceassistants of Commercial Contracts, such as commercial agent, servant, maritime performing party and the actual transportation party. Then it discusses theresponsibility for the performance assistants.Responsible for the performance assistants generally accepted by civil andcommon laws systems, but there is a big controversy discussing about the nature ofthe liability, In the contractual liability, the essential elements of fault is significant todiscuss the liability and discussed strict liability of responsibility for the performanceassistants. Finally, the paper describes the fulfillment of performance assistants in ourlaws and judicial cases, As our legislation to performance assistants is too simple,especially without the provisions of the definition of performance assistants. Ourlegislation should take consideration of the standard of the performance assistants andshall improve how to be responsible for the performance assistants especially undertort law.