On The Injuring

Begleitsscheden, namely Positive Forderungsverletzung (in Germany), orIncomplete Fulfillment (in Taiwan), was put forward by Staub, the greatGermany Jurist in 1902. The aim of this doctrine praised as "JuristicheEntdekung" was to make up for the legal loopholes made by the dual divisionof German law of breach of contract. The court also cited this doctrine to passjudgments. Thus the theory became the habitual law outside the Civil Code.The theory, legislation and judicial of Japan and Taiwan have been greatlyaffected by it.That illegal implementation of contract obligation renders injury toInherent Interest is one of the important characteristics of Begleitsscheden. Itbreaks traditional limit of civil law and embodies expansion of contract lawsystem when managing this issue. The rationality of expansion of this systemshould be traced back to the historic roots of development of Begleitsschedentheory. Through history and comparison analysis we find that Inherent Interestis brought into protection range of contract law then introduces liabilitiesconcurrence theory when managing Begleitsscheden issues in the world. Ourcountry follows this trend and uses the reference of advanced internationalexperience so that the attitude towards Begleitsscheden is getting clear injudicature and legislation. Whereas in the doctrinal study side, there is stillnecessity of clearing the application of composing elements of Begleitsscheden,legal impact and liabilities concurrence.Except for Preface and Conclusion, this text is divided into ThreeChapters.ChapterⅠ: Origin and Development of Begleitsscheden. In the beginning,the author has studied the origin and development of Germany PositiveFordenmgsverletzung and Talwan District's Incomplete Fulfillment, and thenthe author believes that the above mentioned systems is not only the result offulfill the legal loopholes of dividing breach of contract into two kinds, but alsohas the function of overcoming the tort law's disfigurement. This shows that thecontract law has some features of the Tort law, and the latter function has the trend of being strengthened.ChapterⅡ: The Begleitsscheden in Mainland China. Based on thecomparative study and analysis between positive Forderungsverletzung (inGermany) and Incomplete Fulfillment (in Taiwan), this chapter discusses theBegleitsscheden in Mainland China, and more study the notion, the kinds, thecomposing elements and the legal effect. In this chapter, the author makes thecomparison among the positive Forderungsvefletzung (in Germany) ,Incomplete FulfiLlment (in Taiwan) and the Begleitsscheden in Mainland China.Through the above comparison, the author seeks the aim and the functions ofthe Begleitsscheden in Mainland China.ChapterⅢ: The legal relief to the Begleitsscheden in Mainland China.Based on dissertation below, we discuss how to perfect the necessity andrationality of Begleitsscheden. It starts from the regulated purpose andfunctions of Begleitsscheden and adopts the credit law theory. Through theanalysis of liabilities' concurrent theory, we find that it is the consequence ofexpansion of contract law system and theoretic meaning is mainly aboutsolving Begleitsscheden issues. From the application terms of liabilities'concurrence, we reckon that legal relief of Begleitsscheden should distinguishfrom interest loss. Loss of performance interest should be relieved complyingwith liability of bleach of contract while Inherent Interests loss should berelieved complying with liabilities' concurrence. As far inherent interests' reliefis concemed, we analyze the utility of relief of liability contract and liability ofbreach of contract and find that both two rules have the strengths.Though the above three chapter's analysis, we compare legal relief ofBegleitsscheden of other countries and regions and find that although thesystems vary from each other, the managing models are simply the same. Theywithout exception bring inherent interest into protection range of contract lawto expand contract law system consequently exert liabilities' concurrencetheory to manage Begleitsscheden issues.