Research On Specific Performance In The International Commercial Contract

The speedup of economic globalization has led to the increasing frequency of economic interactionin the world, correspondingly international commercial contracts are of broad utility. There have alwaysbeen certain impediments during the performance of a contract, so remedies such as specificperformance have been used as imperative rules to balance rights and obligations. In the legislativeactivities concerning international commercial contract, potential conflicts among rules governingspecific performance may exist due to the differences between the two major legal systems in terms oflegislative tradition and theoretical origin. This article is aimed to better explore the significance ofspecific performance to the contract remedy systems, and to mediate the aforementioned conflict. Witha comparative analysis, and from the perspectives of constituent factors and remedies of breach ofcontract, this article is trying to provide a solution to reconstruct the institution of specific performance.This article is structured into four parts: The first part is aimed to articulate both the interior concept andthe exterior application of international commercial contracts, to expound the reasonableness of specificperformance, and to emphasize the value and significance of specific performance embedded in aninternational commercial contract. The second part is aimed to discuss the constituents of specificperformance, analyzing and expounding the features about constituents of specific performance underthe two major legal systems, international conventions and international practices respectively. The thirdpart is aimed to explore the theoretical origins of specific performance under both common law andcivil law systems, analyzing the function of specific performance from the standpoint of constructingremedy structure concerning breach of contract, hence suggesting a solution for the systemicimprovement of specific performance. The fourth part is aimed to generalize the Chinese legislativehistory and judicial practice about specific performance in foreign-related commercial contracts, toanalyze arrangements of the rules governing specific performance, and to propose a thorough plan.