The Actual Performance Of The System Theory Of Default Relief

In recent years,the sustained and healthy development of market economy in our country,the breach of contract disputes rise considerably,but made little actual performance of the judgment.And in law theory has a challenge from the theory of efficient breach,the existence of the actual performance of the system and the function is being questioned.Damages of breach relief way,compared the actual performance of hysteresis and complexity in the victim's relief.So,the actual performance of the role in the judicial practice how to do? There's no need for the really?Our country "contract law" the actual performance as default remedies is regulated,and the actual performance of the object is divided into money debt debt with the money.Without money debt performance cannot happen,controversy is in practice.Therefore,this article mainly discusses the actual performance of the how to use in the building business contract dispute.Due to space limitations,combined with the purpose of this study,the author selected a typical area as the research object,through to the courts at all levels of Shenzhen building business contract dispute case analysis,summed up the research objects of various typed,this article will research a specific type of targeted analysis,the conclusion is not only an objective truth,also can reflect the region to resolve the difficulties in the judicial practice,the national various areas in terms of the judicial practice has a certain reference and reference value.In the past to the actual performance of the main research is on the theoretical,and starting from the new Angle of view for the sale and purchase contract the actual performance of in-depth research,adhere to the theory with practice,please state the actual performance in some of the disadvantages exist in the judicial practice.On the basis of the value of the actual performance of the system were discussed,and it is concluded that the actual performance of the system in our country despite the drawbacks,but in the current judicial relief system still has a unique value,especially in the judicial practice to come check play a positive role in the fight.Finally,the regulation of our country about the actual performance and applicable situation has carried on the simple analysis after some shallow Suggestions for improvement are put forward.