The Research On Rules About The Place Of The Performance Of Contract

The rulesof the performance of contract,are the principles and standards that should be followed when determining the place of performance of a contract in judicial practice.At present,both the theorists and the practitioners haven't concluded a logical,normalized or simplified rule to apply.In practice,the participants of lawsuits and the judges according to their own understanding,apply different rules to determine the place where the contract is performed,which comes up with a lot of problems.This phenomenon led to the concern and discussion in theory and practice.Previously,the place of the performance of a contract is mainly defined from the jurisdiction of the civil procedural law.However,the place of the performance of a contract is originally the concept of civil substantive law,and being a legal basis to determine the jurisdiction is just one of its significances.Only to analyze from the perspective of the civil substantive law,can the place of the performance of a contract be determined accurately.Unfortunately,few scholars carry out the research from the perspective of substantive law.The author will do a thorough discussion from the perspective of substantive law.The paper will firstly define the concept and characteristics of the place of the performance of a contract,and then analyze its rich legal significances.Secondly,on the basis of the literal meanings and legislative intent of Contract Law and other pertinent laws and judicial interpretations,and by the reference to the civil legislative theory in foreign countries and Taiwan,the paper will summarize three rules to determine the place of the performance of a contract,there are the prior rule of agreement,the rule of respecting trading customs,and the supplemental rule of statutes.Thirdly,the paper will discuss the statutory criteria to determine the place of the performance of a contract,concentrating on the similarities and differences between the civil substantive law and procedural law.Lastly,the paper will self-examine and reflect the rationality of the pertinent articles in Chinese statutes,and make suggestions for improvement.