Disturbed Defense Rights

The two-Treasury contract, the contract fulfilled may face in fulfilling its contractual obligations, After the deal could not fulfill the danger pay, as civil unrest system defenses. The purpose is to protect fulfilled this trust party interests, so as to maintain fair trade. That is a party to the other party for the first payment, if after discharge from the contracting side property markedly diminished, it is hard to pay about the same time, not in the other treatment or payment guarantee, in rejecting the award. Disturbed defenses originated in Germany, China and France, is a traditional system of civil law, to prevent fraudulent contracts, protecting fulfill the legitimate rights and interests play a major role The theory of many countries in the world contract law has had a major impact. China's "Contract Law" from the civil unrest defense system. But with the traditional civil unrest different defenses, China's "contract law" to keep civil unrest defenses advantages of the system, also absorb and learn from the common law system is expected to breach the essence Build a relatively advanced with Chinese characteristics and the unease defense system. However, due to technical imperfections of the legislation, uneasy with the defense system is expected to breach the system did not work well with and convergence France, and between competing legislation operability is not strong enough, In judicial practice, there a lot we can not avoid the problem. Since the 1990s, and especially since the new "Contract Law" promulgated, Theory and practice of people have the right to defend our system of unrest have given great attention, Type in translation as many experts and scholars benevolent seeing benevolence and the wise seeing wisdom, from different sides put forward their own views and opinions. The authors combine their judicial practice, in particular to learn from scholars, experts point of view, focusing on the concept of the right to defense uneasy, nature applicable conditions, and is expected to breach the system of defense and our right to the disturbing lack of respect and perfect expounded.