Discussion On Problems Of Delay In Performance In Contract Law Of China

According to the third and fourth paragraph of Article94of the ContractLaw,the party of the contract has the right to terminate the contract when the otherparty delays performance of its main obligation after such performance has beendemand,and fails to perform within a reasonable period;the other party delays itsperformance of its obligation,or breaches the contract in some othermanner,rendering it impossible. In addition to the article, there are few provisionsfor the situation that one party of contract do not perform without delay.But after thereform and modernization of the German Civil Law, the system of contract breach isimproved. Specifically,the party of contract could claim various damages to theother when the other party of contract perform delay according to the Article286thand280th.For the purpose of the improvement the regulation in our ContractLaw,we must consider the German Civil Law as the reference.Part1is to introduce the history and the formation process of morden lawunjust enrichment of delay in performance from the Roman Law to the German CivilLaw. Through the study of the cases, the problems of performance in our ContractLaw will be mentioned. In comparison with German Civil Law and AmericanContract Law, we include and analyse the elements of the delay in performance.Part2is to introduce the legal effect of the delay in performance.This partindicates the different claims to the damage that causes by the party of the contract that involved in delay in performance.And this part also analyze the right of claimin our Contract Law.Part3is to introduce the differences in the system of the delay in performanceand to find the solutions to the problems in our Contract Law.