Injuring performance is called active infringement of creditor’s rights in German, and TaiwanDistrict’s improper pacare, our country’s injuring performance has a close ties in origin with it.This theory is called “the discovery in the law science.” Injuring performance is by the case lawinto code, after the Swiss debt law, the Japanese Civil Code, this theory has been studied in depthway. But in our country, injuring performance is one of the most controversy issues in our civil law.Although the scholars in our country have controversy in this theory, but a few people to do moredepth research in it. In many cases are discussed other issues related to collateral, it is can’t not sayit’s the weakness in our country’s civil law.Injuring performance is a kind of severe action of breach resulting in loss of performingbenefit as well as inherent benefit. In traditional, performing benefit was protected by contract law,while inherent benefit by tort law. Inherent benefit is protected according to the principle ofLiabilities’ Combination in injuring performance. On the base of comparative study, the authordemonstrates that only adopting one theory in all situations can’t lead to full compensation. Itshould depend. Besides, mental damage should be concluded in the scopes of contractual relief.Thesis consists of three chapters besides the foreword and the conclusion.Chapter One analyzes the Injuring Performance from two aspects, namely, the legalrequirements and consequences, and finds the differences between tortuoue liabilities and liabilityfor breach of contract.Chapter Two demonstrates the Liabilities’ Concurrence and the Liabilities’ Combination ofthe injuring performance through analysis and comparison, and come to the author’s own view, indifferent situation, we should adopt different theory when damages exist.Chapter Three expounds the injuring performance from the angle of China’s legislation on itslegal remedy. In short, from the perspectives of comparative law, science of legal interpretation, and thehistory of law, with the application of empirical analysis, value analysis and economic analysis,this thesis conducts a detailed research on the injuring performance, revealing a series of problemsin China’s relevant theories, legislation and judicial practice issues, and proposing somesuggestions on the improvement of China’s legislature. |