The Question About The Function Of The System Of Impossibility Performance

As a very important system in the civil law system,the system of incapacity of performance has always been in a very important position in the system of the law of obstacles to performance.However,with the development of relevant systems and the legislative trend of international treaties,the function of the impossibility of performance system is weakening constantly.The change of the impossibility of performance in Germany's debt law reform is the most direct proof.Therefore,under the framework of our current laws and regulations,we need to re-recognize the function of impossibility of performance.The system of impossibility of performance has not been clearly stipulated in some international legislation.When we consider whether to introduce the system of impossibility of performance,we should pay attention to referring to international treaties and keeping in line with international legislation.Our country has not stipulated the impossibility of performance from the beginning,and from the point of view of social practice,the related problems of the impossibility of performance can be solved by other systems in the law of obstacles to performance,which also shows that we need not stipulate the impossibility of performance.Not introducing the system of impossibility of performance will not result in the absence of our system,but will avoid the confusion of the current system.Therefore,from the point of view of our existing legal system and development trend,we should not introduce the system of impossibility of performance.