Front.Law China(2006)1:121-152 133 Where the person subjected to execution fails to perform acts specified in a judgment or written order or any other legal document according to the execution notice,the court may carry out compulsory execution or entrust the task to a relevant unit or other persons,and the person subjected to execution shall bear the expenses thus incurred(CCPL art.231).So the obligation to do an act,if it can be performed vicariously,may be enforced by "vicarious performance."This method of execution is available,for example,for the enforcement of judgments directing performance of a contract to build,or to heat or light premises,or to operate a lift.It is available even in respect of services if they require no special bodily or mental skills.26 In German law and Japanese law,where the judgment requires the debtor to make a declaration of will (for example an entry in a land register)the judgment is self- executing in the sense that the declaration is regarded as made as soon as the judgment has become final and conclusive (German Civil Procedure Code art.894;JCC art.414 par.2, JCEL art.171).In Chinese law,as to the same problem,the court may issue a notice for assistance in execution to the relevant units(for example a land register),for whom it is a duty to comply with the notice for assistance (CCPL art.230). As to "indirect enforcement,"a relevant provision can be found in art.232 of CCPL. According to art.232,if the person subjected to execution fails to fulfill his obligations with respect to pecuniary payment within the period specified by a judgment or written order or any other legal document,he shall pay double interest on the debt for the belated payment.If the person subjected to execution fails to fulfill his other obligations within the period specified in the judgment or written order or any other legal document,he shall pay a charge for the dilatory fulfillment.So the judgment for an act which cannot be vicariously performed, or the judgment ordering the debtor to forbear or suffer something,may be carried out in accordance with art.232 of CCPL. Whether there should be a sequence of application for direct enforcement,vicarious performance and indirect enforcement is not very clear in China.The manner to cope with the problem is somewhat flexible.In one hand,the creditor may be free in choosing.In the other hand,the court may select a reasonable method in accordance with rules of law and the common consciousness of faimess. Damages Introduction The general provision on damages in CCL is art.113.Besides,art.112 may be used to deal with consequential damages.Compared with former Chinese laws,CCL has some progresses on damages.For example,it is clear that lost gains may be claimed if it is foreseeable by the breaching party at the time of the conclusion of the contract.So if a person who buys raw materials for manufacturing purposes,both actual loss(not getting the goods bargained for) and lost gains(profits that can be earned from using the goods in the process of manufacture) may be claimed by the buyer.Moreover,CCL adopted foreseeablity as a general rule,and the aggrieved party in a contract action may claim consequential damages. 26G.H.Treitel,Remedies for breach of contract,(1988).Oxford:Clarendon Press,p.54.Where the person subjected to execution fails to perform acts specified in a judgment or written order or any other legal document according to the execution notice, the court may carry out compulsory execution or entrust the task to a relevant unit or other persons, and the person subjected to execution shall bear the expenses thus incurred (CCPL art. 231). So the obligation to do an act, if it can be performed vicariously, may be enforced by “vicarious performance.” This method of execution is available, for example, for the enforcement of judgments directing performance of a contract to build, or to heat or light premises, or to operate a lift. It is available even in respect of services if they require no special bodily or mental skills.26 In German law and Japanese law, where the judgment requires the debtor to make a declaration of will (for example an entry in a land register) the judgment is self￾executing in the sense that the declaration is regarded as made as soon as the judgment has become final and conclusive (German Civil Procedure Code art. 894; JCC art. 414 par. 2, JCEL art. 171). In Chinese law, as to the same problem, the court may issue a notice for assistance in execution to the relevant units (for example a land register), for whom it is a duty to comply with the notice for assistance (CCPL art. 230). As to “indirect enforcement,” a relevant provision can be found in art. 232 of CCPL. According to art. 232, if the person subjected to execution fails to fulfill his obligations with respect to pecuniary payment within the period specified by a judgment or written order or any other legal document, he shall pay double interest on the debt for the belated payment. If the person subjected to execution fails to fulfill his other obligations within the period specified in the judgment or written order or any other legal document, he shall pay a charge for the dilatory fulfillment. So the judgment for an act which cannot be vicariously performed, or the judgment ordering the debtor to forbear or suffer something, may be carried out in accordance with art. 232 of CCPL. Whether there should be a sequence of application for direct enforcement, vicarious performance and indirect enforcement is not very clear in China. The manner to cope with the problem is somewhat flexible. In one hand, the creditor may be free in choosing. In the other hand, the court may select a reasonable method in accordance with rules of law and the common consciousness of fairness. Damages Introduction The general provision on damages in CCL is art. 113. Besides, art. 112 may be used to deal with consequential damages. Compared with former Chinese laws, CCL has some progresses on damages. For example, it is clear that lost gains may be claimed if it is foreseeable by the breaching party at the time of the conclusion of the contract. So if a person who buys raw materials for manufacturing purposes, both actual loss (not getting the goods bargained for) and lost gains (profits that can be earned from using the goods in the process of manufacture) may be claimed by the buyer. Moreover, CCL adopted foreseeablity as a general rule, and the aggrieved party in a contract action may claim consequential damages. 26 G. H. Treitel, Remedies for breach of contract, (1988), Oxford: Clarendon Press, p.54. Front. Law China (2006) 1: 121–152 133