February** Dynamic Incentive Program
Interpretation: If it is a contract with a performance period, it is generally when the time limit is reached and one party fails to perform as agreed, and the other party will be held liable for breach of contract. That is to say, only when the deadline is reached, the liability can be liquidated. But there is a question here, if one party clearly states that it "will not perform", should the other party also wait for the expiration of the due date to pursue it for no reason? Is it necessary to waste such term benefits for no reason? This setting solves this problem. If one party clearly states that it "will not perform", the other party does not have to wait for the expiration of the maturity to liquidate the liability. It can be liquidated before the expiration of the period, and the defaulting party is required to bear the liability for breach of contract. The so-called express indication of "will not perform" includes not only verbal expression, but also behavioral expression, for example, before the expiration of the contract, if a party closes its business ahead of schedule, the act of closing the door is sufficient to show that it will not perform its obligations.
Interpretation: If you buy something from me, you have to pay, if I work for you, you have to settle my salary, if you rent my house, you have to pay rent, and if you borrow money from me, you have to pay interest. If you don't pay, settle, pay rent, or pay interest, then I have the right to demand that you pay, settle your wages, pay rent, and pay interest. Money is a kind of thing, which is substitutive, and cannot be defended on the grounds that there is no money to give.
Interpretation: Non-monetary debts are different from monetary debts in that non-monetary debts have specific characteristics. In other words, non-monetary debts are generally not fungible. For example, if I ask you to send a batch of A-grade steel pipes, you must send A-grade steel pipes as required, not B-grade.
1) In fact, the performance cannot be done: If you repeatedly emphasize that there is no A-level, then at this time I have two options, either change the content of the contract, A-level to B-level. Either I'll hold you accountable for breach of contract. In this case, I can't force people to be difficult, and I have to ask you to send an A grade.
2) The subject matter is not suitable for compulsory performance: for example, I ask you to work for three days, and I will pay you after the work is completed. You promised well, but the next day, you were in a hurry. At this time, I can't force you to "finish the work for Lao Tzu before you can leave". The only thing I can do is to withhold a portion of your wages as punishment for your temporary change of mind.
3) Failure to request performance within a reasonable period of time: For example, I am running a restaurant, and you are ordered to send me a batch of live grass carp, but I temporarily ask you to wait and send it. But after 3 days, I didn't move. The fresh fish are basically not fresh after 3 days, and I can't ask you to provide this batch of grass carp according to the fresh standard at this time.
The three excluded circumstances are for those who are unable to continue to request performance, but there is a wrong, the debtor has the owner, and whoever causes the inability to continue the performance of the request bears the liability for breach of contract. For example, in item (1), the debtor (you) bears the liability for breach of contract; (2) means that the debtor (you) bears the liability for breach of contract; Item (3) means that the creditor (me) bears the liability for breach of contract.
Interpretation: This article can be understood in conjunction with the example that the subject matter of Article 580 (2) is not suitable for compulsory performance. For example, if I ask you to work for three days, but you release my pigeons on the second day, I can either take the practice of Article 580 and deduct part of your wages as a punishment, or I can ask you to find another person to continue the work. That's alternative fulfillment.