Incomplete Payment

This article attempts to use the research methods of Comparative Law and historical analysis to discuss inadequate performance system. This paper is divided into five chapters. The first chapter introduces the history of inadequate performance's evolution, It has its origin and development in Germany, then brought to Japan and Taiwan. After the introduction of the historical development, the paper shows the point of view:inadequate performance isn't the loopholes in the code, nowadays, the meaning of "debt" in the civil law is quite different from the one in Roman period. In Roman period, debt is only one benefit obligation perhaps because of mainly trading of specific objects. Once a specific obligation is delivered, the debt is eliminated. With the increasing of the species transactions in modern life, in addition to complete the payment obligations of the debtor, they also need to make their debt payments consistent with the nature of the relationship of debt. The obligation in relations of debt is expanded, and formed a obligation group. The early settlement of the defect payment by other mechanisms can be classified into a "debt", then inadequate performance system is showing up. In the next four chapters, the author discusses the types, requirements, legal effects of inadequate performance and its liability for warranty against defects of goods. Finally, the author proposes some legislative suggestions to perfect the relevant laws and regulations in our country.