As A Breach Of The Practical Implementation

Specific performance is one of important liabilities for breach of contract provided in article 107 in Chinese Contract Law. Specific performance answers to the value purpose of contract, meets the requirements of transaction morality, and embodies social equity and justice. However the research on specific performance is not much enough, this paper intends to make a systematic summarization of specific performance, and defines the constitutive requirements of specific performance from both positive and negative aspects on the basis of introduction. Hope that it can benefit the systematization of specific performance system.This paper has five parts. The first part is the concept, nature and value of specific performance. It is a general introduction on specific performance. The second part is the comparative analysis of the application of specific performance. It describes the application of specific performance in both common law system and continental law system, and analyzes the reason for difference of specific performance in the above systems. The third part is the constitutive requirements of specific performance. It illustrates the development of specific performance in two different periods, and summarizes the constitutive requirements of specific performance, which are divided into positive ones and negative ones. The forth part is the applicable relationship between specific performance and other liabilities for breach of contract. Because the liabilities for breach of contract is a whole system, specific performance, as a part of this system, is inevitably involved in the applicable relationship with other liabilities for breach of contract. This part intends to discuss this problem. The last part is on other problems about specific performance on the purpose of resolving special problems. In light of length, only will specific performance under bankruptcy circumstances and change of circumstances and specific performance be discussed.