The Defective Performance Of Contract

Along with the development of economic life, especially commercial activities have increasingly developed, the type of contract breach in the world gradually increased and diversified, which put forward the concrete and the refinement of the requirements of the law adjustment. We can find that, most of the countries in the world, especially in the developed countries, in the premise of keeping its original default type, constantly absorbing and increase default new type, and the default form showing increasingly complicated structure form.In order to achieve the purpose of the contract, inevitably appear to act, to fulfill the inevitable will appear flaw performance.This thesis is composed of six parts. The first chapter mainly introduces the topic of this paper, according to background. The second chapter further defined the concept of defective performance through the defective performance issues. The third part mainly introduces the positive infringement of creditor’s rights theory, incomplete performance theory, improper performance theory. Based on the companion between the defective performance theory and the theory of comparison, the advantages and the disadvances of abroad remedy defective performance, and then summed up the defects of this paper to perform theory. The fourth part first introduces the system of defective performance elements, and then put forward the defective performance of the distribution of burden of proof. The fifth part mainly introduces the status about contract defective performance in China, to take what kind of Countermeasures of contract defective performance, and puts forward legislative proposals to improve China’s contract of defective performance. The last chapter is the conclusion, a summary of this article.