论合同履行中的抗辩权

On Defence Plea in Performing the Contract

为了正确履行有效合同的义务,保障合同权利的实现,世界多国合同立法中,赋予合同当事人在合同履行中相应的抗辩权,实质上允许义务人依法有正当条件地拒绝履行请求,其目的是增强合同当事人自我防护能力,稳定社会经济秩序。

In order to correctly perform the obligations in efficacious contracts and ensure to smoothly realiza the rights in them, agents are given the right of defence in performing contracts in the legislation of many countries. There fore, agents can refuse to perform requests under the legitimate conditions aecording to law. In essence, the purpose is to strengthen the agent's self-protection obility and stabilize the economic order of a societh.