Institutional Structure And Applicable Premise Of Excessive Costs Of Performance

The legitimacy foundation of excessive costs of performance provides theoretical support for the construction of specific rules.In this regard,although the value orientations carried by the efficiency principle and the principle of good faith are different,they can theoretically justify the existence of the system.According to the principle of good faith,although the creditor enjoys the right to perform the claim,the actual exercise of the right to perform the claim shall not contradict the principle of prohibiting abuse of rights.According to the principle of efficiency,the system of excessive performance costs is designed to avoid the inefficient situation of the debtor's payment and prevent the waste of social resources.In addition,compared with the dilemma encountered by the principle of good faith in the debtor's accountability for payment difficulties,the efficiency principle can not only resolve this dilemma,but also respond to the improvement of the overall efficiency of society,so it is more appropriate.As the legitimacy basis of the system of excessive implementation costs.The viewpoints elaborated by the theory of will autonomy are difficult to prove,and the results may be contrary to the principle of will autonomy.Whether from the perspective of distinguishing the system of excessive performance costs from the situation change system,or the benefit of the debtor's payment to the creditor,and how to determine whether the payment and the treatment are balanced,the debtor's income should not be used as Comparison of performance costs.Limiting the debtor's performance costs to the additional costs of overcoming payment difficulties is not only inconsistent with the legal provision but may also lead to unreasonable results in application.To meet the requirements of the principle of efficiency,the debtor's total performance costs should be used as a basis of comparison.The system of excessive costs performance is based on the principle of efficiency,pays attention to the reasonable allocation of social resources,and there is no doubt that the opportunity cost is included in the performance cost.However,based on the requirements of the principle of good faith and the principle of abiding by the contract,the inclusion of opportunity costs should be conditional on the improvement of the overall efficiency of society.In calculating performance costs,both material and spiritual benefits should be considered.Based on the type of transaction and the content of the obligations assumed by the debtor,the limit of "excessive" performance costs should be determined in specific cases.The debtor's obligation to pay arises from his promise to pay.When the debtor assumes the purchase risk or contract risk,and the debtor intentionally causes payment difficulties,the application of the system with excessive performance costs cannot be ruled out.When payment difficulties are not within the scope of payment obligations and the debtor is not attributable,in principle it constitutes a subjective inability and the exception is limited by the principle of good faith.