On The Injuring

Injuring performance, originated from Imperfect Performance in German civil law, developed in Japanese and Taiwan District, has become so-called Defective Performance, or Injuring Performance which the thesis will deal with. No doubt, Injuring Performance should be one of sorts of default of debt in Chinese civil law system. So, creditors should be compensated in the action for the breach of contract, and the compensation of damage should be widened and strengthened so as to break up the limitation of traditional theory of liabilities for breach of contact. Therefore, compensation for breach of contract includes not only interests of performance, but inherent interests, especially moral damages. By adopting the method of comparative law and historical approaches to law, the thesis researched briefly the origin and development of the Injuring Performance , analyzes the value of the system, and sets forth my own views on the Injuring Performance. The author also expects the thesis can provide with some good advice so as to perfect the system of liabilities for breach of contact, and protect creditor perfectly. This thesis is divided into four parts: The first part, this thesis introduces briefly the origin of Injuring Performance, and the author thinks it originates from German civil law. Injuring Performance in Chinese civil law system actually reflects, to some degree, the development of Incomplete Fulfillment in Japan and Taiwan District. Of course, it differs in the scope and content. The second part, the author thinks the Injuring Performance can be included in the sort of breach of contract which also includes the other sort: Incomplete Fulfillment. Of course, this doesn't hamper the existence of the Injuring Performance as a main breach of contract. The author thinks that so-called Injuring Performance must be categorized by the duties that debtor doesn't perform and the damages that due to the default of debt. The third part, the damages, especially the damages of inherent interests which were always caused by the Injuring Performance, should be compensated in the action of contract. So, all interests of creditors including interests of performance and inherent interests can be protected completely under the action of contract, which is superior to actions in tort more obviously. The author doesn't take it for granted that legislative practice should admit and follow it only for most of countries or Law Districts have adopted the legislation or precedents which permit creditors bring an action for moral damages even under breach of contract. But as for the Incurred Damage of debtor dues to infringement of personal right or property right, "theory of overlap of norm of right of claim" can be adopted to compensate creditor in an action for the breach of contract, which will overcome the limitation of traditional liabilities for breach of contract and make it possible for creditors to obtain moral damages under an action for breach of contract because of Injuring Performance. The fourth part: The thesis deals with other system, such as product liability and the contract with an additional function to protect a third party, and then discusses the co-relations of them.