The Effectiveness Of The Defense Right Of Simultaneous Performance And Its Extension

The effectiveness of the defense right of simultaneous performance mainly refers to the effect which is the basic connotation of the right of simultaneous performance.Article 66 of contract Law states that "if the other party rendered non-conforming performance,one party is entitled to reject its corresponding requirement for performance" and is the description of the basic effectiveness.E.Allan Farnsworth argues in Contracts,"if the only consequence of a party's failure to perform a debt is default,one party of the contract hardly make the other party to perform his debt." The effectiveness of the right is not only the basic connotation,but also has other extended effects,such as influences to delayed performance,to set-off,to termination.The basic effect derives from the extended effectiveness and originates from bilateral contract.However,the implicative nature of bilateral contract is not accepted by the common law system and the civil law system at the begining.The right not only has the effect of substantive law,but also has the effect of procedural law that is the judgment of concurrent performing.However,there is no provision for simultaneous execution of the judgment in our country,so it is difficult to for both parties to perform at the same time even if the judge decides.This paper discusses the effectiveness of concurrent performance of defense from the perspective of comparative law and related cases in our country.