Research On The Path To Break The Deadlock In The Money Debt Contrac

With the development of the society and the economy,the quantity of contracts is increasing,and people are more aware of law.Contract disputes has therefore became one of the most important types of civil disputes.Among all contract disputes,more and more attention are paid to the contract stalemate.The subparagraph(2)of article 580 of the Civil Code provides a path of breaking the contract stalemate,but with the rules in the subparagraph(1),its application is limited in the nonpecuniary obligation,and it can’t be used directly to break the contract stalemate of the pecuniary obligation.Meanwhile,there is a dispute on whether the contract stalemate of the pecuniary obligation exists.As a result,further discussion should be made on whether the contract stalemate of the pecuniary obligation exists and on how to break the contract stalemate of the pecuniary obligation.When it refers to the contract stalemate,three conditions are necessary for its existence:firstly,it is difficult to complete the performance of a contract,but it is also not easy to request the restoration;secondly,the parties to this contract fail to reach an agreement;finally,the stalemate leads to the waste of social resources.In judicial practice,when a party fails to perform its pecuniary obligation,it is possible to meet the above conditions,so it is appropriate to say that the contract stalemate of the pecuniary obligation exists in our lives.Article 580 of the Civil Code provides a path to put an end to the contract stalemate of the non-pecuniary obligation,but it can’t directly make effect on the contract stalemate of the pecuniary obligation.The rule of mitigation plays little role for the purpose of avoiding the contract stalemate as well.In this situation,the absence of the way of breaking the contract stalemate of the pecuniary obligation is a matter of legal loophole,and it is necessary to complete this loophole.According to the theory of law interpretation,at the moment,the appropriate way of the complement of this legal loophole is the application of analogy with the help of the rules exist in the Civil Code.Talking about the path of breaking the contract stalemate of the pecuniary obligation,some part of the rules in the subparagraph(2)of article 580 of the Civil Code and the rule of “mutual affection no longer exists between the two parties”of litigious divorce in article 1079 of the Civil Code will be effective.When the debtor has lost its ability to perform the pecuniary obligation and the ability will not recover any time soon,the rule of “excessive expenses for the performance” in article 580 of the Civil Code will be useful for breaking the contract stalemate;when the creditor negatively exercise his right and there is a contract stalemate as a result,“the creditor fails to request for performance within a reasonable period of time” in article580 of the Civil Code will be useful for breaking the contract stalemate;and when the debtor has lost its will to perform the pecuniary obligation permanently,the rule of “mutual affection no longer exists between the two parties” of litigious divorce in article 1079 of the Civil Code will be useful for breaking the contract stalemate.