The Specific Performance In The Responsibility For Breach Of Contract

As an important form of remedy for breach of contract,Specific Performance has great differences between civil law system and common law system.By comparing and analyzing the differences between civil law system and common law system,it is of great significance for the perfection of Chinese law in the future.Based on the current research situation of the Specific Performance system in China,this paper clarifies the concept of Specific Performance through the analysis of the concept,historical evolution and nature of the Specific Performance.The concept of Specific Performance should be adopted in future legislation,and the system of Specific Performance in contract law is different from the principle of actual performance in the past.Through the comparative analysis,the development and the legal status of the Specific Performance of the continental law system and the common law system law system are analyzed.The great law system has always attached great importance to the remedies of the Specific Performance and as the basic relief mode,while the common law system has formed a breach of breach responsibility,which is mainly caused by damage compensation and the Specific Performance is supplemented.However,with the development of social economy,in order to better promote economic development and maintain fairness and justice,civil law countries gradually make clear and restrict the Specific Performance of the application of restrictions,the situation of limited application has a tendency to expand;The common law system gradually began to pay attention to the unique role of Specific Performance in the relief of breach of contract,the two legal systems on the Specific of the provisions,there is a trend of integration.Different attitudes towards efficiency breach of contract also affect the position of Specific Performance in the remedy of breach of contract.In the contract law of common law system,it is limited from admitting the breach of efficiency to restricting it,and the civil law system is from the attitude of refusal at the beginning to the recognition of conditional recognition later.Both reflect the two legal systems on the actual performance of mutual reference trend.Through the comparative analysis of the two legal systems,it can be concluded that actual performance plays an irreplaceable role as a remedy for breach of contract.Therefore,we should continue to adhere to the relief mode of actual performance in China's contract Law in the future,but,the status of Specific Performance in contract Law of our country is too heavy,and the deficiency that the application of Specific Performance limitation is not clear enough should be amended and perfected.