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Debtor's Principal Performance Obligations under Debts of the Same Kind
Determinate Obligation;Characteristics of the Kind;Procurement Obligation;Objective Impossibility of Performance;Subjective Impossibility of Performance;Proper Quality at Arm's Length Principle;Medium Quality;Determination of Debts of the Same Kind;Designating Right;Has Done Whatever is Necessary for the Delivery of Such a Thing;Legal Available Status to Take Delivery;The Place of Prestation Act;The Place of Prestation Outcome Occurred;Bring Obligation;Hold Obligation;Send Obligation;Actual Tender;Notice Tender
|Issue Date: ||2017-11-07 14:53:43 (UTC+8)|
The so-called ＂Debt of the same kind＂ refers to the debtor's performance content under the obligations only describe certain characteristics of the kind concerned. The debtor's principal performance obligation under debts of the same kind mainly consists of three characteristics, i.e. procurement obligation, proper quality for performance, and determination of debts of the same kind. Their respective introductions are as follows: Procurement Obligation: Any objects which meet the designated characteristics of the kind under the obligations may become the debtor's performance content. Therefore, in principle, the debtor bears procurement obligation. Proper quality for performance: Paragraph 1, Article 200 of the Civil Code actually consolidates the provisions of Paragraph 1, Article 354 of the Civil Code to protect creditors by providing a quality- centered criteria as the base to the choose object of the prestation and determine the performance content for the debtor. If the object of the prestation chosen by the debtor fails to meet the criteria in accordance with the above provisions, the performance is not actually tendered according to the tenor of, and debtor's original principal performance obligations is not performed. Determination of Debts of the Same Kind: In order to protect creditors, Paragraph 1, Article 200 of the Civil Code prescribes the circumstances of the designating right exercised by the debtor Unless otherwise provided by contract, debtor's prestation act should meet the criteria of ＂has done whatever is necessary for the delivery of such a thing＂ under first sentence, Paragraph 2, Article 200 of Civil Code, the obligation between two parties thus is restrict within the specific objects designated by the debtor. As for whether the debtor has done whatever is necessary for the delivery of such a thing, it should be determined based on the related requirements of delays to take delivery. The derived consequent effects on determination of debts of the same kind should be mainly depend on whether the subsequent impossibility of performance requirements of determination of debts of the same kind to be constituted.
|Relation: ||政大法學評論, 145, 257-337|
|Data Type: ||article|
|DOI 連結: ||http://dx.doi.org/10.3966/102398202016060145005|
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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