Study On Temporary Impossibility In Contract

This document was the result of a study about temporary impossibility. Thereason for choosing temporary impossibility to discuss is that, of the author’sopinion, in many types of impossibility, temporary impossibility is unique and oftenoverlooked by civil law scholars. That is to say, all of other types of impossibilityare true impossibility, but temporary impossibility is not, as it is the not to betranslated into a process. Based on the unique, temporary impossibility is no longerpossible to silently tolerate the impossibility imposed on its rules; it needs to bemore suitable for its own rules to improve itself, and thus to solve thepractice-related issues in a better way.The structure of the thesis is: What is temporary impossibility-What is thetemporary impossibility’s theoretical definition-what is the solution for temporaryimpossibility. For temporary impossibility, it should be from their opposing thepermanent impossibility proceeds with an analysis, and to be clear about what ispermanent impossibility when temporary impossibility also will be self-evident. Theauthor is of the opinion that when the debt of the debtor in the period of thepayments which has been blocked, and in fulfilling the obstruction cannot beeliminated, even where the creditor to the debtor within a reasonable period, theobstacles are still unable to eliminate the situation. Therefore, if the block in theperiod or in a reasonable time frame has been eliminated, it is the temporaryimpossibility case. For temporary impossibility’s theoretical definition, firstly, theconcept cannot be paid of the connotation in distinction, it was concluded thattemporary impossibility is not a true impossibility concluded; And secondly, in thePayment Delay comparison and analysis, while for temporary impossibility relatedto the Payment Delay, there is a lot of common ground, but the unique of temporaryimpossibility, has led to a payment delay of the concept. Therefore, the author is ofthe opinion that, when a payment should not be related to the payment, a paymentdelay with a hierarchy of concepts is also a payment of a basic form. So when the contract in the course of implementation appears when a payment cannot be, howyou want to resolve it? This means that temporary impossibility is the question ofeffectiveness, and the author from the validity of the contract of the affectedcreditors, as well as protecting the interests of both the analysis and the specificrecommendations. First of all, as a payment, when the contract is a valid contract,temporary impossibility is the only obstacle of the benefit, the validity of thecontract is not a barrier; And secondly, when temporary impossibility is the case,and the debtor and the creditors of the payment obligations of the subject matter ofthe defense is suspended until payment of the obstacles, in the meantime, the partiesare exempt from payment obligations. Once again, it should be given to creditors thecontract of the rights, the premise is not demanding creditors to continue to wait, andto exercise the right, it should be given to the debtor for a reasonable period; and,finally, if it is not paid to the creditor which caused the damage, the creditor canrequest alternative payment of compensation, and the delay in payment, it can beargued for the right to compensation.