Studies On The Application Of The Defense Right Of Simultaneous Performance In Partial Performance

This paper takes the 3^rd sentence of Article 66 of the Contract Law of China as the center and studies the application of the defense right of simultaneous performance in partial performance.The first chapter consists of two modes of fulfilling the defense right of simultaneous performance in the incomplete performance.It is emphasized that the "moderation" and "poles of the" model rely on the principle of good faith,just the mechanism of operation is different.In judging the "corresponding" standard,it is necessary to combine the specific case analysis to lay the foundation for the later expansion.How to protect the rights and interests of the creditor in the event of obstacles is the primary consideration.As a private relief,the defense right of simultaneous performance is the most direct way to refuse to provide payment,but the other party in what degree of default,the creditors can and how to exercise the defense right is the most important part of this paper.In the second chapter,the author focuses on the analysis of the interpretation of the Article 3 of Article 66 of the Contract Law,including the specific circumstances in which the other party does not meet the stipulations,rejects the corresponding judgment in the corresponding fulfillment requirements,the inability to apply the defense right of simultaneous performance at the same time,the special cases and the focus to be applied.Which includes the sale of the contract,lease contracts and other types of contracts in the specific main payment obligations,from the obligation to pay,incidental obligations,damage to the obligations of non-performance or incomplete implementation of the finishing analysis to find each pair of obligations at the same time To fulfill the right of plea to apply the space,and to explore the digestion "corresponding fulfillment requirements" of the "corresponding" criteria.This chapter is the focus of the full text,relying on this practice study,the author can extract a common place,so that different types of contract different obligations in the reasonable application of the same time to fulfill the defense right of simultaneous performance can be straightforward.In the third chapter list the author four special cases,gift contract with obligation,not issue VAT invoices,installment sale,continuing supply contract.By these special cases will author enrich the application of the defense right of simultaneous performance in the incomplete performance and explore whether there is room for application of the right in exceptional case.And then the scope of application of the Article 3 of Article 66 of the Contract Law will be expanded.