Abstract：
Rights to suspend prior to performance lack sufficient theoretical basis, and can also be replaced by an existing right to suspend. The first payment obligation must be divided into fixed and non-fixed two types. Fixed first payment obligation has not been fulfilled, after the payment of obligations continued without period. Debt is not the debtor's right of defense and will exclude rights to suspend prior to performance and the implementation of the right of defense. In the non-fixed first payment obligations, after the payment of obligations of the period, the two sides to fulfill the order of performance at the same time. The first payment of the obligor is due to breach of contract, breach of contract loyalty, loss of right of defense, after the payment of the obligation to enjoy the implementation of the right of defense. The legislator should abolish the performance of the right to pleadings; scholars and practitioners should explain the unified structure of rights to suspend of non-performance centering on Article 66 of Contract Law.
2018, Issue (5): 106-119 DOI: 
