Injuring Legal Issues

Injuring performance, originated from Germany, and named Incomplete Fulfillment in Taiwan. Its original intention was to make up the law's leak and protect the creditor. The theory, legislation of Japan and Taiwan have been greatly affected by it. This article attempts to make a comprehensive introduction for this problem, and makes a preliminary research on it.Except introduction and conclusion, this thesis has four parts:Chapter I: Origin and development of Injuring Performance. By researching progress of Imperfect Performance Theory in German civil law and Incomplete Fulfillment Theory in Taiwan region, we discuss its purpose and functions. There was a leak in the Germany civil law which didn't regulate improper fulfillment, then it aroused great attention of the law makers and was adopted by newly promulgated civil code on January, 2002. The civil law of Taiwan also stipulates this issue in the name of Incomplete Fulfillment.Chapter II: Composing elements of Injuring Performance. After analyzing the composing elements of Germany and Taiwan's system, we define the conception and styles of Injuring Performance and sort it to five elements: (1)Valid contract connection between parties in a contract is existed; (2)The debtor has performed his obligation; (3) Debtor violates his payment obligation or contractual collateral obligation; (4) the inherent interest of creditor was injured; (5)Debtor has fault.Chapter III: Injuring performance and liabilities'concurrence. There are three theories exist: theorie der Gesetzeskonknrrenz, theorie der Ansprnchskonknrrenz and theorie der Anspruchsnormenkonkurrenz. The author introduces them and makes some comments and puts out their advantage and disadvantage.Chapter IV: Under the Injuring Performance situation, It suggests adopting the approval manner,and make certain limits on compensation of moral damage. When injuring performance make victim infringe in spirit, he or she should be permitted to select the liabilities for breach of contract in order to give the victim fully protection.Finally,the conclusion makes a summary to the entire article's essence.