Research On Impossibility Of Performance

This article starts from the definition of the impossibility of performance, history and classification. At the same time, it makes an in-depth analysis of the efficient breach and the validity of contract compared within the two legal systems. Then, it offers several improvements for the impossibility of performance in China. This paper is divided into four parts.The first part is an overview of impossibility of performance. This section focuses on the meaning of impossibility of performance, its history, and several major categories, and then describes the status that impossibility of performance is in the Performance barrier system. It accurately grasps the meaning of impossibility of performance and developmental path, performs a more profound understanding, clears its value in Performance barrier system of contract law.The second part is mainly using the economic analysis method. First it discusses the definition of the rules "Payment can not constitute a debt" for analysis. Then, it explaines the logical connections between the impossibility of performance and the validity of contract. Finally comes the "pacta sunt servanda" evaluation, and the cost of court evaluation with impossibility of performance.The third part is to perform comparative analysis. This section respectively explained civil law and common law as well as international legislation regarding the impossibility of performance and compared them by then. By comparison with the meaning of impossibility of performance in the civil law, common law can be found only part of it.The fourth part is the status of impossibility of performance in our country and foreign legislation reference to China. It first discusses the status of our country, then the initial impossibility and the validity of contract. Secondly it discusses the impact of the new German debt law to China. Finally, it makes an understanding of the legal status of impossibility of performance, and amendments to the initial impossibility of our country and with the validity of contract. At last, it gives some advice to improve relevant laws and regulations.