论合同的不适当履行-法律专业论文.docxVIP

AbstractAlthough Abstract Although seldom have the schoolars on the mainland region of our country studied the problem of the inadequacy of the contract implements， there are still many disputes．But the simillar issue has been analyzed deeply in the Civil Law field of Germany。Japan and Taiwan．This thesis tries to go further into the issue by using some studying methods，such as comparative law，cases analyzing and legal system history． The introduction part is mainly about the train of the thought of this thesis． The first part of the article aims at lawmaking with theoretically of present condition of our Country,put forward the necessity of the define to implement to contract inadequacy，the method of the definition．It should join together the theories origin namely，the history develops，combining to draw lessons from the abroad rule of law nation to synthesize the consideration with the provision of the lawmaking present condition， international convent ion of the region． In Part two。the thesis introduces the theory of a Crediter’s Rights Intentionally Invaded in German civil law system to search for the origin of the improper performance of contracts．The chapter is made up of three parts．In the first two parts，it introduces the theories of a creditor’s rights intentionally invaded which existed around the time when the German debt law was revised．In the last part，it sums up the theories and regulations of the creditor’s rights intentionally invaded in German law system． In Part Three．it introduces the similar theory and regulation about incomplete payment in Taiwan 1aw system．It comes from German theory of the crediter’s rights intentionally invaded，but they are not the same．Compared to the German theory，the incomplete payment theory hasn’t changed a lot．The schoolars in Taiwan only make an amendent about whether it is attached to the German debt law．And they give a different definition about the incomplete payment according to“duties violation”． In Part Four，at