The Study On Imputation Of Payment

When the debtor and the creditor have a number of debt,or even the non debt basic legal relationship,to determine the cause of performance have an important significance to the parties.This paper starts from the study of imputation of payment,arranges the historical development of the cause theory,types cause of performance,and establishes rules of cause of performance,analyses and perfects imputation of payment.In addition to the introduction and summary,the paper is divided into four chapters.The first chapter discusses the system location of imputation of payment.In the legal institution,imputation of payment is in the key position.It connects payment and its cause,which leads to discharge in contract law and excludes the claim right on property or claim right on unjust enrichment in property change.The second chapter is about cause theory of Roman private law and German private law.In Roman private law,the cause of contract is the direct trading purpose,which gives validity to the contract.The cause of payment is the motive of property change,which decides the litigation way.But German private law establishes a complete cause theory,through unify of the concept of contract.Causes are divided into three types: burden cause,gift cause and discharge cause.The third chapter is the reconstruction of cause theory.At present in the legislation,the cause theory of our country adopts the German private law model.The meaning of the concept of cause and the legal effect are confusion.For the construction of cause theory,the concept of giving behavior should be reconstructed which based on the changes of real interest.The pure factual behavior should be covered,and the contract of burden should be eliminated.The cause of performance is the basic legal relation,which has two types:discharge and cause agreement.To determine the cause of performance,the intention expressed must be have which the cause is cause agreement.And imputation of payment can be applied which the cause points to discharge.The fourth chapter is the consummation of imputation of payment.To the imputation of some debts,the right of imputation by debtor's appointment can be shaped,through explain the assisting obligation of the creditors.To the imputation of main payment,interest and cost,overdue interest and liquidated damages for delayed performance are referred to here as interest,which is preferred to main payment.The relationship of the two imputations,somedifferent debts should be first evaluated.Then impute according to the sequence of cost,interest and main payment.