No Proper Performance Of The Contract

Although seldom have the schoolars on the mainland region of our country studied the problem of the inadequacy of the contract implements, there are still many disputes . But the simillar issue has been analyzed deeply in the Civil Law field of Germany, Japan and Taiwan .This thesis tries to go further into the issue by using some studying methods, such as comparative law, cases analyzing and legal system history .The introduction part is mainly about the train of the thought of this thesis.The first part of the article aims at lawmaking with theoretically of present condition of our country, put forward the necessity of the define to implement to contract inadequacy, the method of the definition . It should join together the theories origin namely, the history develops, combining to draw lessons from the abroad rule of law nation to synthesize the consideration with the provision of the lawmaking present condition, international convention of the region.In Part two , the thesis introduces the theory of a Crediter's Rights Intentionally Invaded in German civil law system to search for the origin of the improper performance of contracts. The chapter is made up of three parts. In the first two parts, it introduces the theories of a creditor's rights intentionally invaded which existed around the time when the German debt law was revised. In the last part, it sums up the theories and regulations of the creditor's rights intentionally invaded in German law system.In Part Three, it introduces the similar theory and regulation about incomplete payment in Taiwan law system. It comes from German theory of the crediter's rights intentionally invaded, but they are not the same. Compared to the German theory, the incomplete payment theory hasn't changed a lot. The schoolars in Taiwan only make an amendent about whether it is attached to the German debt law. And they give a different definition about the incomplete payment according to "duties violation" .In Part Four, at first the thesis tries to search for the purpose and function of the theory of incomplete performance and makes some resonable explanations. Then systematically analyzes the theory and regulation about .the performance of contracts in the law field on the mainland of our country.It defines and classifies the inproper performance.It brings up the idea that the defination of the inproper performance should be considered with the theory origin, the history, the legislation situation in some other countries and the stipulations in some international pacts. It says that the incomplete performance means that the creditor has already done the payment when the time is up, but not completely, or the performance doesn't accord with the key demand of the contract performance, or the performance vialates the attached duties so that the performance not only infrindges upon the benefit coming with the contract performance but also infrindges upon the innate benefit of the party. So the incomplete performance are different from other contracts violating formsIn Part Five, the thesis states the legal effect of the inproper performance . It disscusses three theories which can be chosen to help the inproper performance. These three theories have different disadvantages. Then the thesis gives an exposition about the different legal effects of different kinds of inproper performance using some cases.In Part Six, the thesis gives the general idea of it as a conclusion.