The Research On Rules About The Place Of The Performance Of Contract

The rules for determining the place of the performance of contract are the specific guidelines that should be followed when determining the place of the performance of contract.China’s legislation on determining the place of the performance of contract has undergone a complicated process of change,with many laws and regulations,which are more scattered and inconsistent.As these rules appear to be chaotic and disorderly when they are understood and applied,the determination of the place of the performance of contract has also become complicated and difficult in judicial practice.In determining the place of the performance of contract,At present,it is not enough to have the guidance provided by law.There is also a lack of exploration and research on the rules of the place where the contract is performed in China’s theoretical circles,and the practical and theoretical circles do not have a set of uniform,clear and perfect applicable standards and applicable rules for determining the location of contract performance.In practice,litigation Participants and judicial adjudicators based on differences in their understanding of the legal provisions,resulting in differences in the judgment of the location of the performance of contract,and also exposed many problems.Correct interpretation of the complicated rules for determining the place of the performance of contract in our legislation,and for these The analysis of the rules is an important basis for theoretically establishing the rules for determining the place of the performance of contract in China.The research of the author has further promoted the establishment of the rules for determining the place of the performance of contract in China.The construction of this rule can not only fill the theoretical research gap in determining the place of the performance of contract,but also complement and supplement with relevant legal provisions,and also meet the needs of theory and practice.By comparing the perspectives of previous scholars discussing the place of the performance of contract,it is not difficult to find that the scholars mainly discuss the rules for determining the place of the performance of contract from the level of civil procedure law,and the purpose of studying the rules for determining the place of the performance of contract is to solve the jurisdiction of civil litigation With regard to the issue of power disputes,the research direction of scholars in the past is in line with the requirements of China’s civil litigation jurisdiction.From this research perspective and research purpose,the place of the performance of contract,seems to be a concept of civil procedure law,but it is not the case.The concept of the place of performance of the contract first appeared in China’ s civil substantive law,which should belong to the concept of civil substantive law.In the past,for a long period of time,the contract mainly adopted a non-litigation approach.The determination of rules has not aroused much attention from all walks of life in the society.With the deepening of practice,there are more and more contract disputes arising from the place of the performance of contract,and the determination of the place of the performance of contract has an increasing role in the determination of disputes in civil litigation jurisdiction disputes.Prominent,so the promulgation of more technical civil procedure laws and regulations,from the perspective of civil procedure law,The increasing number of theoretical researches on the determination of rules of practice has aroused great attention from the theoretical and practical circles on the determination of rules of the performance of contract.In the final analysis,the study of the determination of rules of the performance of contract is inseparable from China’s civil substantive law and civil procedure law.This article is mainly composed of three parts:introduction,body and conclusion.In the introduction,this article mainly introduces the research background,research results,research significance and research methods of the rules for determining the place of contract performance.By consulting the research results of relevant scholars,the research perspective and current status of the rules for determining the place of contract performance are summarized.On this basis,this article further develops the research on the rules for determining the place of contract performance.The text is composed of four parts,and the main points of the argument are mainly reflected in the second part and the fourth part.The first part of the paper discusses the concept,meaning and classification of the rules for determining the place where the contract is performed,through the interpretation of“Contract Law”and related judicial interpretations Understanding,and drawing on the theoretical views of the three categories of scholars in the past,summed up the rules for determining the place of contract fulfillment in line with China’s judicial status,mainly including:agreed priority rules,respect for trading custom rules,statutory place of execution rules and rules of characteristic place of execution The concept,origin and characteristics of each rule are studied separately,paving the way for the second part of the thesis.The second part of the thesis is the focus of the research,mainly around the current status of the application of the rules of contract execution and the problems arising from the application The research mainly adopts an argumentation method that combines theoretical viewpoints and judicial trial practice,expands the discussion thoroughly,enriches the depth of theoretical research,and determines the status of the rules of the performance of contract in the application process.The cause of the problem is relatively difficult,and it needs to be passed through the literal meaning of the law and combined In-depth interpretation of authoritative institutions and in-depth analysis of the causes of problems.The third part of this article introduces several ways to determine the place of the performance of contract in foreign countries,and sums up some experience for reference to improve the contract for our country.The rules of the place of performance provide new ideas.In terms of the problems arising from the application of the rules for determining the place of performance of the contract and the order of application,the fourth part of this article puts forward relevant suggestions for specifically improving the rules for determining the place of the performance of contract in China.The order of application of the rules for determining the place of the performance of contract is concluded.Finally,the conclusion of this article is summarized from a macro perspective.