The Research On The Application Of Rule Of Excessive Performance Costs

China’s Contract Law has set “excessive performance costs” as one of the exceptions required by the obligee for render performance in the proviso of Article 110.However,the legislation and interpretation related to this rule are not clear,the understanding of judicial practice is inconsistent,and there are various differences in the understanding of the doctrine.In view of this,through methods like case analysis,comparative analysis and literature analysis,this paper conducts a study on the application of over-exertive fees rules to demonstrate the scope of application of the rules,applicable standards and legal effects.The main part of this article consists of four parts:The first chapter "Overview for rule of excessive performance costs",sorted out the value basis revealed by the rule of excessive performance costs and specific application of overseas and clarified the criteria for reference;The second chapter “Scope of application for rule of excessive performance costs",mainly defined the specific,and proposed that the application of the rule should be ruled out if the obligor intentionally breaches the contract or there is a special contractual purpose;The third chapter “Applicable criteria for rule of excessive performance costs”,based on the discussion of domestic doctrines and judicial cases,determines that,the scope of “costs” should comprehensively consider include the financial resources,material resources,time,and labor costs,and be appropriately limited,the object of comparison should be the interests of the obligee,and refer to the "contract pricing" method to determine whether it is “excessive”;The fourth chapter “Legal effect for rule of excessive performance costs”,determined the application of the rule is to give the obligor the right to defense,and the effect of the defense should be determined based on the excessively long state.As to the scope of damages,damages to replace the original payment obligations and futile expenditure costs should be included in the scope of relief.