Research On The Application Of The Contract To Continue Performance

Contract is widely used in social life and is a typical legal form of Commodity Exchange.Therefore,applicable to continue to perform the contract question discussion,help regulate and continue to perform the applicable conditions and clear boundary and other theoretical issues in the process of apply for comb,which is a reference for the law theory and judicial practice,based on the theory of contract continue to perform the applicable problem as the research subject.Text is divided into three chapters,the first chapter is mainly about continue to perform the contract for the trial of the status quo and existing problems,mainly from two aspects,on the one hand,in the form of case data present in our country continue to perform the contract for the trial of the status quo,continue to perform the contract as the content of the right subject,continue to perform the contract claim right of claim filed for way to continue to perform the contract specific target type,the decision of continue to perform the contract situation,the present situation of the present paper,the research problem will lead to include further clarify applicable conditions and special problem,continue to perform the second aspect from the current situation of the trial contract shall be governed by the existing problems,including the right subject is not clear,continue to perform the contract apply to the judgment standard is not enough,and does not apply to continue to perform the contract situation is not clear.The second chapter mainly elaborates on the conditions for the contract to continue to perform the application,including the existence of the default behavior,and the contract content has the performance of performance during the corresponding period of the contract;Negative conditions include performance cannot and is not suitable for continue to perform the contract,and other defenses,based on the analysis of the continue to perform the applicable terms and conditions of the contract,to strengthen the theoretical basis of continue to perform the applicable to clarify.The third chapter is to further deepen the applicable special problems continue to perform the contract,the first section expounds the different debt continue to perform the contract in the form of apply,divided into pay the debt of form and behavior of debt form is analyzed;The second section mainly elaborates on how to choose the applicable problem for the contract to continue to perform and damage compensation.Third section expounds the rescission of the contract the breaching party shall continue to apply and expounds the influence of reducing damage request applicable to continue to perform the contract,and the influence of the fourth quarter from the two aspects of economic analysis and benefit measure about the performance and efficiency of the default of compatibility,and at the same time corresponding Suggestions are given and thinking.