论强制实际履行合同中的价值判断与选择

On Judgment and Choice of the Value of Specific Performance of Contract

强制实际履行是对违约的一种重要的救济措施,但各国对此适用的条件和态度有所差异,本文通过比较分析两大法系关于强制实际履行的价值判断与选择,认为在适用中应引入经济分析的方法加以考量,并对我国《合同法》有关问题的完善提出了若干建议。

Specific performance is an important remedy with respect to breach of contract. However, application of and attitude to specific performance varies in different countries. By analyzing and comparing different ways in judging and choosing the value of specific performance in common law countries and civil law countries, this paper concludes that a method of economic analysis should be introduced into practice. Some proposals for improvement of China’s Contract Act are also put forward in this paper.