Study On The Application Of The Right To Defense Of Simultaneous Performance In Partnership Contracts

The thesis is divided into four chapters to discuss the subject Application of the Rightto Defense of Simultaneous Performance in Partnership Contracts. Chapter1brieflyintroduce the right to defense of simultaneous performance, the author firstly hackleits legal-improvement history in different history periods, secondly explore itslegislative purposes and jurisprudence basis, and then analyze its establishmentelements according to the Chinese law.Chapter2introduce the partnership system. Section1is the definition of partnershipand its legal features, Section2analyse the partners’ rights and obligations underthe partnership contract and prepare for the following study. In section3, the authorpoint out the particularity in the application of the right to defense of simultaneousperformance in partnership contracts and the drawbacks of laws’ provisions.Chapter3analyze the feasibility of the Application of the Right to Defense ofSimultaneous Performance in Partnership Contracts. Section1introduce the theoriseson whether the partnership contract is a bilateral contract, the following sectiondiscuss how to apply to it on the ground of former section’s discussions.Based on the former chapters’s study, in Chapter4, the author firstly introduce theforeign precedents, secondly explain the applicable scope from the positive side. Inthe last section, the thesis explain the exceptionals in the application.