浅析强制继续履行责任

强制继续履行作为一种违约责任形式古已有之,现在它仍是大陆法系国家违约责任的主要形式之一,也是我国《民法通则》和《合同法》所确立的一种主要违约责任形式,具有重大的适用价值。强制继续履行的适用有其特别要件,并要遵循保障国家指令性任务或者订货任务的实现、经济合理性和保护债权人利益三项原则。

Simple Analysis of Liability of Forcing to Perform Continually

As a liability for breach of contract, Forcing to perform continuously has long history, which belongs to the continental law system. It is also a major liability form for breach of contract established by China's "general principles of the civil law" and "contract law", which is of great applicable value. The application has its special requirement, and must follow the guarantees of the realization of national mandatory task, economic rationality, and protecting the creditors’ interests.