On The Incomplete Payment

Based on literature research, plans to use historical analysis, comparative method and the method of value analysis, with a view to incomplete payment system has a cognition. It is divided into four parts, as follows:the first part:positive infringement of creditor’s right system of history to start, to the German civil law circles the system, relating to the development of speech and the civil code corresponding amendments as the basis, with a view to incomplete payment-positive infringement of creditor’s rights is a source of clear know, followed by a transition to the Taiwan civil law circle on this system develop the useful and discard the useless and famous scholars discussed to introduce. Part second:the academia all kinds of incomplete payment definition of, then the composition to see, and this type of research. Part third:in front of the matting based on the interests of the creditors, to explore the relevant damage relief mechanism, this paper is part of the focus, to damage the interests of the type is divided into different flaw payment and injuring performance were studied. Flaw payment caused by damage to the interests of energy correction and can not be rectified, or the correction without meaning and refused to correct two kinds of case discussion. On injuring pacare damage inherent interest as well as possible loss and mental interest points discussed, combined with the concurrence of liability, liability polymerization theory and incidental protection for the third person contract theory, how reasonable remedy the damage as a result of injuring pacare leads to other benefit loss. For example, with the creditors interests related to the third person, the property damage. The fourth part: the former treatise foundation, to our country injuring pacare system improvement suggestions.