In The Process Of The Theory Of Contract And The Application Of The Performance And Perfect

In the performance of the double-duty contract,the whole system of anti-defense system is the important component of the system of defense.In the meantime,it is an important method to actively repair its unbalanced interests as the parties to the defense,and also the private rescue measures to remove the obstacles to the performance of the contract.Our country "contract law" is to set up performance system at the same time,one is for the sake of synchronization to cash the creditor's rights enjoyed by the two parties,urge the parties to the contract at the same time the debt,the second is to protect the two parties of contract have interests from infringement,achieve finally prompted the two parties shall enjoy the rights and obligations in accordance with the provisions of the contract.Required by the law itself,equity,justice,order and other inner spiritual value contains the performance system,at the same time at the same time to perform the right of defense system is a basic principle of civil law in good faith,fair,etc should be and the concrete embodiment.This paper is divided into five parts: the first part discusses what is the simultaneous performance of the defense.To clarify the right of defense and to carry out the connotation of the defense right at the same time;At the same time,the constitutive elements of the right of defense are fulfilled.After that,the differences between the right of defense and the right of lien and the right to the right of defenseare compared,so as to explain the necessity of the existence of the system of defense The second part discusses why we should set up and implement the system of defense.It clarifies the theoretical basis of the simultaneous performance of the defense and the institutional functions that it has,thus clarifying the rationality of the establishment of the anti-defense system.The third part discusses the application of the simultaneous performance of defense.This paper mainly expounds the applicable basis,application effect,applicable limits and applicable problems of the right of defense.In the fourth part,the author puts forward some Suggestions about perfecting the system of defense right at the same time,which is divided into two aspects: entity and procedure.In the fifth part,the author enumerates the practical cases of the simultaneous performance of the right of defense,and analyzes how to apply the right of defense to deal with specific cases in the trial practice.