给付不能之履行费用过高问题探析

Research and Analysis on Excessively High Expenses of Performance in China

我国合同法第110条第2款后段将"债务标的履行费用过高"设置为给付不能的情形之一。然该条文寥寥数字,解释空间甚大,相关立法解释和理论研究也极少。履行费用过高,要求债务人履行给付所须支出的费用与债权人从给付中所得的利益严重不成比例,它与情事变更原则的适用要件应严格区分。履行费用过高是一种需要当事人主张的抗辩权,在法律效果上,应当参照一时履行不能之理论。

Excessively high Expenses of Performance is one of the situations in Impossibility of Performance,which stipulated in Article 110 of Contract Law of People＇s Republic of China paragraph 2. With only few words,the article left behind immense space for legal interpretation. Besides,there are barely few related to legislative interpretations and theoretical studies. The composition of Excessively High Expenses of Performance demands serious disproportion between debtor＇s performance expenses and creditor＇s performance profit. It should be strictly distinguished from the Principle of Changed Circumstances. Debtors who claim for Excessively High Expenses of Performance have the particular right of defense against creditors＇ right of execution. The legal effect of this article should refer to the theory of Temporary Impossibility of Performance.