132 Front.Law China(2006)1:121-152 Types of enforced performance In Chinese law,two kinds of enforced performance may be recognized.First,if the debtor failed thoroughly or partially to perform its obligation,the creditor may claim the performance of the obligation,and the terminology used by Chinese law is "continuing to perform the obligations"(CCL art.107).As the aim is to make the debtor to perform its original obligation,so it may be called a claim to performance oforiginal obligation.Second, if the quality fails to meet the agreed requirements,the creditor may claim a cure for the defects in the subject-matter of the contract by repairing,replacing or redoing(CCL art.111), and the terminology used by Chinese law is"taking remedial measures"(CCL art.107;GPCL art.111).25 As the aim is to make the debtor to cure the defects in the subject-matter,so it may be called a claim to performance of obligation to cure. The"claim to performance of obligation to cure"should also apply the restrictions laid down on the availability of enforced performance by art.110 of CCL,and what worthy a discussion is,whether there should be any other restrictions on the "claim to performance of obligation to cure."What CCL requested is"in accordance with the nature of the subject- matter and the degree of the loss,choose in a reasonable manner to demand that..."So if the subject-matter of a contract of sale belongs to generic goods that fails to meet the agreed requirements of quality,and if the costs of repair exceeds the worth of the goods,the seller should be permitted to replace the goods.If the buyer insists on repair,it will be unreasonable. Methods of enforcement The methods of enforcing a judgment for performance in modern laws include "direct enforcement,,”“vicarious performance'”and“indirect enforcement.”in Japanese law,“direct enforcement"and "vicarious performance"can be found in art.414 of Japanese Civil Code (here after JCC);and "indirect enforcement"can be found in art.172 of Japanese Civil Execution Law (here after JCEL).In CCL,enforced performance means "direct enforce- ment;"but in civil procedural law,there are methods of direct enforcement,vicarious performance and indirect enforcement. In Chinese law,the method ofenforcing a judgment for performance depends on the nature of the obligation upon which the judgment is based. If the obligation is to pay money,to deliver property or negotiable instruments,or to evict from a building or a plot of land (as is called"the obligation to give"),Civil Procedure Law of the People's Republic of China (here after CCPL)permits "direct enforcement"(arts.221- 223,227-229).In addition,according to The Regulations on Some Problems of Execution by People's Court (A Trying Version,1998)adopted by the Supreme Court of P.R.China,there are special provisions on the execution of delivering property or carrying out an action.The attracting matter is that"direct enforcement"may apply to an obligation to carry out an action (art.60 of the Regulations). 25 It should be noted that"taking remedial measures"used by art.107 ofCCL refers to the remedies in art.111. e.g."the party suffering the loss may,with reference to the nature of the subject-matter and the degree of loss, choose in a reasonable manner to demand that the other party bear the liability for breach of contract in such form as repair,replacement,redoing,return of the subject-matter,reduction in payment or remuneration,etc." Among the remedies,repair,replacement and redoing belong to claim to performance.Here it is named"a claim to performance of obligation to cure."Types of enforced performance In Chinese law, two kinds of enforced performance may be recognized. First, if the debtor failed thoroughly or partially to perform its obligation, the creditor may claim the performance of the obligation, and the terminology used by Chinese law is “continuing to perform the obligations” (CCL art. 107). As the aim is to make the debtor to perform its original obligation, so it may be called a claim to performance of original obligation. Second, if the quality fails to meet the agreed requirements, the creditor may claim a cure for the defects in the subject-matter of the contract by repairing, replacing or redoing (CCL art. 111), and the terminology used by Chinese law is “taking remedial measures” (CCL art. 107; GPCL art.111).25 As the aim is to make the debtor to cure the defects in the subject-matter, so it may be called a claim to performance of obligation to cure. The “claim to performance of obligation to cure” should also apply the restrictions laid down on the availability of enforced performance by art. 110 of CCL, and what worthy a discussion is, whether there should be any other restrictions on the “claim to performance of obligation to cure.” What CCL requested is “in accordance with the nature of the subject￾matter and the degree of the loss, choose in a reasonable manner to demand that...” So if the subject-matter of a contract of sale belongs to generic goods that fails to meet the agreed requirements of quality, and if the costs of repair exceeds the worth of the goods, the seller should be permitted to replace the goods. If the buyer insists on repair, it will be unreasonable. Methods of enforcement The methods of enforcing a judgment for performance in modern laws include “direct enforcement,” “vicarious performance” and “indirect enforcement.” In Japanese law, “direct enforcement” and “vicarious performance” can be found in art. 414 of Japanese Civil Code (here after JCC); and “indirect enforcement” can be found in art. 172 of Japanese Civil Execution Law (here after JCEL). In CCL, enforced performance means “direct enforce￾ment;” but in civil procedural law, there are methods of direct enforcement, vicarious performance and indirect enforcement. In Chinese law, the method of enforcing a judgment for performance depends on the nature of the obligation upon which the judgment is based. If the obligation is to pay money, to deliver property or negotiable instruments, or to evict from a building or a plot of land (as is called “the obligation to give”), Civil Procedure Law of the People’s Republic of China (here after CCPL) permits “direct enforcement” (arts. 221– 223, 227–229). In addition, according to The Regulations on Some Problems of Execution by People’s Court (A Trying Version, 1998) adopted by the Supreme Court of P.R. China, there are special provisions on the execution of delivering property or carrying out an action. The attracting matter is that “direct enforcement” may apply to an obligation to carry out an action (art. 60 of the Regulations). 25 It should be noted that “taking remedial measures” used by art. 107 of CCL refers to the remedies in art. 111, e.g. “the party suffering the loss may, with reference to the nature of the subject-matter and the degree of loss, choose in a reasonable manner to demand that the other party bear the liability for breach of contract in such form as repair, replacement, redoing, return of the subject-matter, reduction in payment or remuneration, etc.” Among the remedies, repair, replacement and redoing belong to claim to performance. Here it is named “a claim to performance of obligation to cure.” 132 Front. Law China (2006) 1: 121–152