The Defense Right Of Simultaneous Performance Of Expanding The Application

Defense right of simultaneous performance is a bilateral contract oneparty, the other party does not pay for it, to refuse to perform his debt right.Defense right of simultaneous performance of modern contract law is animportant system, its establishment and improvement of China’s bilateralcontract fulfills contradicts the power system, has encouraged both sides toperform its obligations under a contract, and promote the realization ofrights action. Most of the countries in the world have established thesystem, China is no exception. But due to China’s" contract law" ondefense right of simultaneous performance the application range is narrow,leading to the practice in many countries and regions of the relevant law ofanalogy or associate with the defense right of simultaneous performancesituation in our country law according to. With the development of thesystem, simultaneously performing the right of defence has shown its scopeof application demands and expanding space. In this paper, based on theactual demand, to the principle of honesty and credit and debt implicated astheoretical foundation, analysis simultaneously fulfills contradicts thepower expansion of the necessity and rationality, and in the light ofcomparative law expansion legislation cases, study of defense right ofsimultaneous performance in our law on Application of space exploration,the system expanded the scope and application of the limit, for the future ofthe judicial practice for the theory basis.This article uses the comparison analytic method, system analysismethod and discusses methods of interpretation of defense right of simultaneous performance of expanding the application of, apart from theintroduction and conclusion part is divided into five parts, the structure isas follows:The first part, a brief description of the law of our country about thedefense right of simultaneous performance scope provided inadequate andexpanding the application necessity.The second part, mainly discusses the simultaneously fulfillscontradicts the power expansion of the theoretical basis, realistic basis andcomparison method on the expansion trend. The principle of honesty andcredit, debt implicated, freedom of contract and the purpose of the contractis simultaneously fulfills contradicts the power expansion of the theoreticalbasis of contract; diversity and development contract requirements, costsaving, economic litigation request is expanding its realistic foundation;compared with the expansion trend of defense right of simultaneousperformance improvement and development have important referencevalue.The third part, mainly on the contemporary civil law countries andregions as well as the Anglo-American similar system of defense right ofsimultaneous performance expansion legislation and research undertookmaking an on-the-spot investigation, comparison and analysis, and thelegislative and judicial practice for a brief evaluation. Is a list of German,France, Japan, Holland, Taiwan of China and other countries of thecontinental law system and regional legislation on defense right ofsimultaneous performance of as well as the relevant provisions of theAnglo-American law similar to the development trend of the system, on thebasis of the relevant system similarities and differences were comparedanalysis.The fourth part, in this based on the theory of argumentation andcomparison method on the base of the investigation, to simultaneouslyfulfills contradicts the power expansion of application for the type ofanalysis, mainly could be classified into three kinds: one is a bilateralcontract alternative claims expansion application; two is the expansion ofbilateral contract; three is implicated in and the opposition of the sameeconomic life relationship application. Find the suitable scope of tension, and one by one analysis of the expansion of the applicable feasibility.The fifth part, the article analyzes the defense right of simultaneousperformance expansion boundary. Expansion violates the principle of goodfaith, there is no practical significance, not free to expanding theapplication. defense right of simultaneous performance and the right tooffset the bounds, Drawing with adjacent system boundaries, in order toprevent overcorrect.Finally, in the conclusion of this paper puts forward a suggestion of"contract law" article sixty-sixth do expansion explanation.