西南石油大学学报(社会科学版) ›› 2016, Vol. 18 ›› Issue (1): 75-82.DOI: 10.11885/j.issn.1674 5094.2015.10.13.02

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Solutions to the Implementation of Court Judgment of Continuation of Contract Fulfillment ——Application of“No Repeated Hearing”in Interpretation of Civil Procedure Law(2015)

ZHU Qiqian WANG Heping   

  1. 1. School of Law,Nanjing Normal University,Nanjing Jiangsu,210023,China;2. Jiangsu Sanfa Law Firm,Nanjing Jiangsu,210023,China
  • Online:2016-01-01 Published:2016-01-01
  • Contact: 王和平(1980 )男(汉族),江苏南京人,四级律师,硕士,研究方向:民商法学。

Abstract:

Continuation of fulfillment is one of the punishments for failure in contract fulfillment and is of prior applicability. However,problems often occur in practice which makes it difficult to implement such court judgment. This challenges the legal foundation of“continuation of contract fulfillment”,and also requires classification of the difficulties in implementing such court judgment. Besides,these obstacles to the implementation generate further controversy or law suits between relevant parties,which challenges the principle of“No Repeated Hearing”. Although the Supreme Court encourages accepting those further controversies or law suits,this attitude does not make a universal guidance in practice as such cases are too involved and varied. Therefore,it is of urgent need to add new criteria for dealing with such consequent controversies and law suits.

Key words: judgment of continuing contract fulfillment, obstacles to implementation of court judgment, consequent controversy, no repeated hearing, Interpretation of Civil Procedure Law(2015)

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