Harm To Pay

Harm to Pay theory is known as the "law on the great discovery", it is with themodern society contract responsibility system of the contract law and appear with oftort law a marginal problem. The breach of contractual obligation causes the injuriesof inherent benefit,and also leads to default and tort,which is the substantivecharacteristic of injuring performance.In our country,harm to pay exists as a shape ofresponsibility for breaking a contract.However the traditional theory of concurrentliability can’t solve all the problems of harm to pay.Either in doctrinal study side or injudicature practice,it is still necessary to investigate the wider implementation ofcomposing elements of harm to pay,legal impact and the theory of concurrentliability.This paper used a comparison, the method of historical research, introduced inother countries on the basis of the research results, this paper expounds the concept,the theory of harm to pay origin, constitutive requirements, relief way and how tocodification, etc. In order to pay for the harm of our country legal relief, defaultsystem consummation and the judicial practice in the interests of the creditorprotection offer comprehensive certain reference. In addition to the introduction andconclusion, this article is divided into four chapters.Chapter1: harm the concept of payment of the analysis and theoretical origin.Academic circles to harm the concept of payment of the debate, the author of thedisputes in one after analysis, give the definition and features of himself. Harm from Germany’s positive payment system infringement claims theory, so in theory originpart focuses on Germany will actively infringement claims the appearance anddevelopment of the system.Through the sort of basic theory origin against payment,can be more understanding its standard purpose and function.Chapter2: harm the components of the payment and its type. In the harm of theconcept of payment of the clear after payment of harm to the analysis of theconstitutive requirements, make judgment against what behavior to pay, a moreelaborate standards. In order to further explain harm from different angles give pay, inthis paper, the harm to the judgment of the different payment system criteria are typedanalysis.Chapter3: under the liability for payment against legislation attitude and theoryin this article. For the payment of the system in our country against legislationreferring to general rules of civil law and contract law and other related laws in, forour country the theory of liability concurrence legislation rules harm the responsibilityof payment do exist certain deficiency, straight to liability concurrence in and theresponsibility of the theory of comparative analysis after polymerization, clearly putpure liability concurrence system has not harm the present situation of the payment ofthe full relief, and puts forward the responsibility for polymerization.Chapter4: harm under the reconstruction of the liability for payment. Because ofour country’s legislation to harm the responsibility under the provisions of thepayment and not make the interests of the victim for overall damage relief. So in thestraight responsibility for the analysis of the theory and polymerization, put forwardconcerning the improvement of the liability with the direction of the legislativeproposals, expected to a view to play a valuable role, cause more people to payattention and research relevant harm the system.