A Case Study On The Rule Of Cured By Performance

Along with the development of China’s market economy and China’s civil law system, the36th clause of the revised "Contract Law" first introduced in the provisions concerning the performance of the cured rules. This provision plays a significant role on promoting China’s commodity trade flows and market economic development. Cured by performance rules refer to the lack of statutory or agreed to form the elements of the contract due to the fact that the parties to fulfill the correction to have been null and void the contract as a valid contract. This provision strikes a balance between the relationship between the laws and regulations of the "rigidity" and the freedom of parties to the will of the "soft". Section uses the mandatory provisions of the civil law on the legal form of the contract on the basis of respect for the freedom of the will of the parties to open an exception to the hole. Therefore, the correct understanding and application of the clause is particularly important. However, to fulfill the relevant provisions of the cure rules are not perfect. There is some misunderstanding and misuse of the phenomenon about understanding and application of this provision in practice.In this paper, I will analysis the26th clause and use comparative analysis method to analyze two cases of domestic and foreign. Point out the problems on the rule of curd by performance in China. In response to these questions, I will discuss the applicable conditions, effect of the applicable, object and scope of the application of the rule.