论同时履行抗辩权民商法专业论文.docxVIP

1 1 2 2 Abstract While fulfilling the right of defense is an important part of the system of the right of defense of the bilateral contract.Correct understanding and application of this system, the peoples court correctly handle the related contract disputes, has a very important significance.Also of great significance in maintaining trading order, guaranteed contracts fully and properly perform and protect the legitimate rights and interests of the parties.Contract Law, the establishment of the system is consistent with good faith in civil law principles and the principle of fairness of specific performance.It requires the parties to the contract transaction process in good faith, heavy promise to actively fulfill their obligations. When interest unbalanced at the same time fulfill the right of defense can play its role in safeguarding the interests of fair between the parties.However, due to various reasons, in Chinas legal theory and judicial practice, understanding and application of controversy while fulfilling the right of defense considerably.Theorists scholars believe that Chinas Contract Law at the same time there are loopholes, Article 67 no longer necessary to fulfill the right of defense system.In judicial practice, the judge in the referee process can not correctly distinguish the parties to breach of contract, and at the same time fulfill the right of defense, leading to many cases of miscarriage of justice. In this context, I believe that it is necessary to clarify these theoretical issues and answer some confusion in the applicable process,It will make the system value while fulfilling the right of defense to get the best play. This article will focus on at the same time fulfill the right of defense what, why and how to do three angles, detailed exposition is divided into four parts: The first part is from the What is the point of view of analysis while fulfilling the right of defense. Were defined while fulfilling the meaning of the right of defense