Construction Of Processing Rules About The Contract’s Period Of Payment Has Conditions Attached

As the main clause of the contract, the period of payment of contract is the key point to evaluate if the parties have properly and fully perform the contract obligations. It is general specified in the contract, but there is such a situation exist in real life that people didn’t appointed a specific deadlines for a variety of reasons when they conclude a contract,but to set certain conditions on it. The time of payment comes once such condition is satisfied. The time of payment is uncertain before the condition is satisfied. Typical performance such as: The company A sell a batch of goods to the company B, they stipulate in the contract that company B must pay to company A when company B receive payment from company C. If the company C will never pay to company B, can company A claim the payment from company B? This situation is an all-too-frequent part of our life, but the current academic world is rare to discuss it, this issue has dispute in judicial practice and it is very common that the same case but different decision.There are mainly three kinds of views on the legal nature of contract that the period of payment has conditions attached to it in the theory and the judicial field. The first view is that it belonging to the conditional contract, the second view is that it belonging to the contract that subject to an effective time limit and the third view is that it belonging to the contract that agreement about the period of performance is not clear. Corresponding with this is that there are three kinds of processing rules, processing rules of conditional contract, the contract that subject to an effective time limit and the contract that agreement about the period of performance is not clear.This paper thinks the contract that the period of payment has conditions attached to it is not belonging to the conditional contract or contract that subject to an effective time limit, but partially agree with the third view. For one thing, agree that it is an arrangement about the period of performance, for another thing, it is not accurate enough that simply attributing it to agreement about the period of performance is not clear, because it has not reflected the real intention of the parties is to give the debtor a grace period,so to be more exact,the contract that the period of performance has conditions attached to it should belong to the grace period of the agreement is not clear.With regard to the processing rules about the period of payment of contract has conditions attached to it,it is wrong to apply to the processing rules of conditional contract or contract that subject to an effective time limit. There are also some shortage to apply to the processing rules of agreement about the period of performance is not clear, because sometimes hadn’t protected the debtor’s term interests if allow the creditor demand the debtor perform his obligation at any time, it is unfair to the debtor. So based on the reference of the relevant provisions of the law, the foreign scholars on the views and relevant cases, this paper put forward new processing rules.First of all, it will be default to installment payment. If one party or both parties of the contract think that it will lead unfair when the contract is regard to installment payment, they have the right to request the court to specify a reasonable time.Other than the problem presentation, this paper consists of four parts. Mainly including introducing the connotation of the contract period of payment has conditions attached to it, the current processing rules and its deficiency, the processing rules of main countries and use for reference and the suggestion to perfect the specific rules.The first part is the nature of the contract period of payment has conditions attached to it. Introducing the concept and characteristics of the contract period of payment has conditions attached to it, several viewpoints about its nature, and Determination of the it’s legal nature.The second part is to introduce the current processing rules and their shortage. There are different approaches in judicial practice, to analysis their deficiencies through the introduction of the current processing rules.The third part introduces the relevant legal provisions, the foreign theory and case, to provide some references to improve our country’s processing rules.The fourth part is the suggestion about perfect the processing rules. Proposing new rules about dealing the contract period of payment has conditions attached to it.