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作为合同之债履行出现障碍下两种各有侧重的制度设计,从法条的文字表述上,法定合同解除权与减损规则各自为政地发挥着制度规范,但从实践上看,在某些情况下由于对二者行使规则的模糊造成对于某一行为性质认定出现差异,因此从价值功能、行使后果等方面厘清二者的关系是必要的。
As the system of two kinds of system with emphasis on the performance of the debt of the contract, there are two kinds of system design which have their own emphasis in the performance of the debt of the contract. The statutory contractual right of cancellation and the derogation regulation play their institutional norms from the literal expression of the law, but in practice, Due to the fact that the fuzzy rules of the two exercises make the difference of the nature of a certain act, it is necessary to clarify the relationship between the two in terms of value function and consequence of exercise.