加害给付制度研究-法律学专业论文.docxVIP

重庆大学 重庆大学硕士学位论文 英文摘要 PAGE PAGE IV ABSTRACT Injuring performance is what can lead to default liability and tortuous liability at the same time, It comes from the expansion of contract law. In order to remedy the defect of the traditional civil law, we need the new theory about injuring performance. Although we do not have a perfect law, we still have some ways to solve those problems on injuring performance. In our country, the section 122 of the Contract Law is the most important provision for injuring performance. It contains overlapping liabilities. But we should know that it can’t solve all the problems, we must do something to make it better. The author employs the historical, comparative and typological method in this thesis. At first we should know something about foreign injuring performance, then we will learn its basic concept, history, characteristics and so on. Other than that, we should compare foreign law with Chinese law so that we can learn something from them. Except preface, this text is divided six parts. Part one, the summary of injuring performance. This part contains its basic concept, history, and characteristics. Some Chinese scholars have different viewpoints about its basic concept and characteristics. Part two, constitutive requirement of injuring performance. In this part, I think there are five constitutive requirements. Among of them, performance should be paid more attention to. Part three, the type of injuring performance. According to different criteria, injuring performance can be divided different types. In this part, four criteria will be introduced. They are infracted duty, invaded object and so on. Part four, the different liabilities stipulated by overlapping liabilities and polymerization liabilities. In this part, the author will discuss how to bear those two legal liabilities and those two liabilities’ merits and demerits. Part five, the actual condition of injuring performance. In this part, the author will introduce the