| 英文摘要 |
The subject matter of the obligation in kind is not specific, and the debtor under this type of obligation is therefore burdened with a duty of procurement. This duty constitutes a structural feature that distinguishes obligation in kind from the obligation in specie. Whether the debtor of the obligation in kind meets the conditions as to impossibility of performance, it needs to be assessed from two respects: the contractual agreement of the parties and the legal provisions of the Civil Code. From the perspective of contractual agreement, the scope of the duty of procurement can be contractually limited. At the theoretical level, distinguishing between market-based and non-market-based obligation in kind can help to better identify the scope of the debtor’s duty of procurement. From the perspective of legal provision, the rule of“impossibility of performance”still has room for application. At this point, the scope of the duty of procurement agreed by the relevant parties should be taken into account to assess whether the debtor’s duty of procurement can be fulfilled. |
