The Analysis Of Effectiveness On Original Impossibility Of Contract Performance

Roman jurists (juventius celsus) had proposed "can’t pay the debt shall not be debt," inthe German Civil Code306rule as the succession of roman law regulation, saying "not to bepaid to the subject of the contract, is null and void." the roman law regulation of whicharoused debate in the worldwide law academic circles. This paper analyses about justnesseffectiveness on original impossibility of contract performance, we draw a conclusion ofthatthe original impossibility of contract performance shall be validThe first part of the paper analysied the basis effectiveness of the contract, and viewedthe effectiveness of the contract cammed from the will of the parties, the national legalconfirmation is based on the maintenance of private law order of the purpose and to give themandatory authority， the same rule shall been fit to the original impossibility of contractperformance.The second part of this paper discussed detail about the original impossibility of contractperformance, and discussed how to judge the original impossibility of contract performance，and animadverted on the doctrine of the roman law， and deem that the original impossibilityof contract performance shall be valid.The third part the author suggested how to established a perfection redress system oncontact that the original impossibility of contract performance is being effective, andrecommended to established a unified legal effect of redress system, and to eliminate thedifferent breach contract causes could be influence on contract effectiveness under the unityof the redress system. on the other hand, recommended to established a completeimpossibility of contract performance address system, including claim for replace liquidating,claim for defaults or damages, the right to release from contract. this triplicity will composea perfect redress system for the impossibility performance contract.