Research On The Default Of The Creditor

Because of the different of the nature of payment, in the perform the duty of contract, sometimes the debtor don't need the help of the creditor, such as omission debt. But there are more debt s which are need the help of the creditors' actively cooperation. To solve this problem, the system of default of the creditor appeared in traditional civil law systems. It is used to wipe off the effects of the handicap of the performing. Default of the creditor which reflects the creditor didn't accept the payment timely when the debtor said he will pay for according to the contract in particular creditor-debtor relationship (the debtor needs the help of the creditor when delivery).There are lots of related rules and regulations about default of the creditor in some countries. There are many disputes about whet her acceptance is right or duty for the creditor. For the constitutive requirements and the legal effect of the system of default of the creditor, there are many different doctrines in different countries. For the imputation principle, exemption excuses and fault offset, the regulations are not exact. And there are not some rules and regulations about default of the creditor in some special contracts. In our country, there is no special rules and regulations in our civil law systems, but there are some rules about the default of the creditor in the contract law, these rules provisions the effect of creditor delay. Generally speaking, these rules are fragmentary and not a system. There is no legal consequence and it is not involve the problems of expenses payments, right abandons, interest payment and other effects. Rules on exemption excuses in some single laws have resulted in shapely unreasonable and unfair phenomena, thus harmed the benefit of debtors. So it can not adapt the market transaction systems.For the legal nature of default of the creditor, there are doctrine of right, doctrine of obligation, doctrine of compromise and doctrine of nonstandard duty, this paper will introduce the system of default of the creditor from researching those doctrines. From the definition and the legal nature of default of the creditor, I defined it as a nonstandard duty. Then I combined with Germany law, Japan law system, and Taiwan civil law system, and researched the composition and legal effects, established the imputation principle, exemption excuses and fault offset, made the classification for the methods of ending the effects. At last I put the system of default of the creditor into some special contracts, and give my views and suggestions on it.