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Research Of Injuring Performance

Posted on:2018-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:J H LinFull Text:PDF
GTID:2416330563959289Subject:Law
Abstract/Summary:PDF Full Text Request
Injuring performance is a special form of breach of contract,which invades the infringement of the inherent personal and property interests of the creditor because of incorrect performing comply with the purpose of debt.At the same time,it produces the liability for breach of contract and tort liability.As the product of the expansion of contract law,the cross of liability which brought by injuring performance has highlighted the shortcoming of the dichotomy of traditional civil liability,and also brought difficulties to the relief of creditors in practice.The 186 th articles of the General Principles of the Civil Law and the 122 nd of the Contract Law of China stipulate the concurrence of the liability for breach of contract and the tort liability,and also make the legal basis for dealing with the issue of injuring performance.In fact,in the field of injuring performance,the application of this article which attempting to relieve the injured profit appears to be insufficient.The dilemma may be ascribed to the imperfect legal provisions and the misunderstanding of injuring performance.Therefore,we should clarify the concept and improve the system at first because they the two key points to deal with the problem of injuring performance.This article attempts to analyze the concept and treatment mechanism of injuring performance by methods of historical research,comparative research,the classified research,which based on collecting and analyzing the domestic and foreign research results about the injuring performance.First of all,this article,from the origin of injuring performance to cut,clears the concept boundaries of injuring performance through comparing with Germany and Taiwan,etc.and considering combined with contract breach in our country.Then it formulates the author's understanding about the concept and connotation of injuring performance from the standpoint of characteristics,elements,types.Secondly,this article analyses injuring performance responsibility,after overlapping liabilities and polymerization liabilities theory.The author thinks that we should consider all of the injuring interests in injuring performance,and apply overlapping liabilities or polymerization liabilities while distinguish inherent interests and performance interests,in order to get full compensation for the creditors' damaged interests.In one sense,it means to take a fusion method of remedying.Finally,it compares the Chinese and foreign legislation and judicial practice in injuring performance,analyses the deficiencies of legal system in our country and the malpractices of application of the Contract Law Art.122 in dealing with injuring performance,and proposes some suggestions of improving the injuring performance,including the two aspects of system and legislation.
Keywords/Search Tags:Injuring Performance, Liability For Breach Of Contract, Tortuous Liability, Overlapping Liabilities, Polymerization Liabilities
PDF Full Text Request
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