Injuring Performance Research

Injuring performance is what can lead to default liability and tortuous liability at thesame time, It comes from the expansion of contract law. In order to remedy the defect ofthe traditional civil law, we need the new theory about injuring performance. Althoughwe do not have a perfect law, we still have some ways to solve those problems oninjuring performance. In our country, the section122of the Contract Law is the mostimportant provision for injuring performance. It contains overlapping liabilities. But weshould know that it can’t solve all the problems, we must do something to make itbetter.The author employs the historical, comparative and typological method in this thesis.At first we should know something about foreign injuring performance, then we willlearn its basic concept, history, characteristics and so on. Other than that, we shouldcompare foreign law with Chinese law so that we can learn something from them.Except preface, this text is divided six parts.Part one, the summary of injuring performance. This part contains its basic concept,history, and characteristics. Some Chinese scholars have different viewpoints about itsbasic concept and characteristics.Part two, constitutive requirement of injuring performance. In this part, I think thereare five constitutive requirements. Among of them, performance should be paid moreattention to.Part three, the type of injuring performance. According to different criteria, injuringperformance can be divided different types. In this part, four criteria will be introduced.They are infracted duty, invaded object and so on.Part four, the different liabilities stipulated by overlapping liabilities andpolymerization liabilities. In this part, the author will discuss how to bear those twolegal liabilities and those two liabilities’ merits and demerits.Part five, the actual condition of injuring performance. In this part, the author willintroduce the actual condition of injuring performance in China and foreign countriesand compare them with each other.Part six, the way to make the law of injuring performance better. Firstly, the authorthinks that we should differentiate between overlapping liabilities and polymerizationliabilities. Then we should expand the bound of default liability. Thirdly, legislation on this issue is urgently needed.