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The provisions of Articles 230 and 231 of the Civil Law are models of the distribution of the burden of proof in the law of non-performance of obligation, and they have considerable reference value for the addition and amendment of the relevant provisions of the law of non-Performance of obligation. Default damage may increase over time. Any damage in property resulting from default is, in principle, default damage and should be compensated. At the same time, the performance of the right of defense occurs itself, which means that the debtor will not be caught in the default from the beginning. For example, the market price falls after the default. This price drop is in principle not caused by the default, but is a market risk that should be borne by creditors. In the non-performance of obligation Act, the attributable object is the non-performance of the obligation without damage. Legislation should also consider substitute compensation as the principle of default and its inherent legal effect. Legislative theory should allow creditors to cancel the contract when the debtor’s debts are not fulfilled. According to Article 260 of the Civil Law, cancellation of the contract may coexist with damages for failure to perform the debt. However, this article does not in any way rely on the basis of the right to claim damages. Legislatively speaking to solve the problem of the futile use of creditors, it should refer to foreign legislation,allowing creditors to have the right to request compensation for substitute compensation and the right to claim for compensation in vain, choose one of the two to exercise.
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