双务合同履行中抗辩权制度的研究

Study of the Right of Pleading Institution in Performing a Bilateral Contract

我国《合同法》规定的双务合同履行中的抗辩权,除了已明确的同时履行抗辩权以外,必须确立异时履行拒绝权,将后履行拒绝权与先履行拒绝权包括在内,由此涉及当事人互负的债务具有牵连性和对价性,并且适用于当事人互负的债务分别属于主给付义务和附随义务、主债务和从债务、可分之债和连带之债的不同情况,当事人的实际违约和预期违约都与双务合同履行中的抗辩权有密切的关系。

The right to plea in performing a bilateral contract provided in Contract Law of the People＇s Republic of China should establish performing the refusal rights, besides defined performing the right to plea simultaneously, in the meantime including the later performance refusal rights and the prior ones. Thus it involved the parties＇ complicating debt has implication and consideration, and apply in different situation the parties ＇ debt attributed to the main payment obligation and the subsequent one , the primary debts and the accessory one , the divisible obligation and the several liabilities. The party＇s substantial breach and antieipatory breach have a closely relation to the right to plea in performing a bilateral contract.