However , if the seller remedies any failure to perform his obligations in accordance with article 37 or article 48 or if the buyer refuses to accept performance by the seller in accordance with those articles , the buyer may not reduce the price 但是，如果卖方按照第三十七条或第四十八条的规定对任何不履行义务做出补救，或者买方拒绝接受卖方按照该两条规定履行义务，则买方不得减低价格。
The author ' s view is abruptly different from the former ones , which hold that responsibility is a guarantee for the fulfillment of the duty or that responsibility is the legal result of the failure to fulfill the obligation . the key point of the author ' s view is that responsibility is merely to pr ovide a certain possibility for the intervention of the public rights into the civil rights , but will not definitely lead to public rights 这与先前不管是以责任为义务履行担保和以责任为义务人不履行义务法律后果的观点截然不同，而这其中很重要的一点就是将责任仅看成是为国家公权力介入民事权利领域提供了一种可能性，而不是责任就意味着国家强制力的必然出现。
Article 48 subject to article 49 , the seller may , even after the date for delivery , remedy at his own expense any failure to perform his obligations , if he can do so without unreasonable delay and without causing the buyer unreasonable inconvenience or uncertainty of reimbursement by the seller of expenses advanced by the buyer 在第四十九条的条件下，卖方即使在交货日期之后，仍可自付费用，对任何不履行义务做出补救，但这种补救不得造成不合理的迟延，也不得使买方遭受不合理的不便，或无法确定卖方是否将偿付买方预付的费用。
1 a party is not liable for a failure to perform any of his obligations if he proves that the failure was due to an impediment beyond his control and that he could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the contract or to have avoided or overcome it or its consequences 当事人对不履行义务，不负责任，如果他能证明此种不履行义务，是由于某种非他所能控制的障碍，而且对于这种障碍，没有理由预期他在订立合同时能考虑到或能避免或克服它或它的后果。
Where the agent entered into a contract in its own name with a third person who was not aware of the agency relationship between the agent and the principal , if the agent failed to perform its obligation toward the principal due to any reason attributable to such third person , the agent shall disclose the third person to the principal , allowing it to exercise the agent ' s rights against such third person , except where the third person would not have entered into the contract with the agent had it known the identity of the principal 第四百零三条受托人以自己的名义与第三人订立合同时，第三人不知道受托人与委托人之间的代理关系的，受托人因第三人的原因对委托人不履行义务，受托人应当向委托人披露第三人，委托人因此可以行使受托人对第三人的权利，但第三人与受托人订立合同时如果知道该委托人就不会订立合同的除外。
Article 403 agent ' s non - performance toward principal due to act of third person ; non - performance toward third person due to act of principal where the agent entered into a contract in its own name with a third person who was not aware of the agency relationship between the agent and the principal , if the agent failed to perform its obligation toward the principal due to any reason attributable to such third person , the agent shall disclose the third person to the principal , allowing it to exercise the agent ' s rights against such third person , except where the third person would not have entered into the contract with the agent had it known the identity of the principal 第四百零三条受托人以自己的名义与第三人订立合同时，第三人不知道受托人与委托人之间的代理关系的，受托人因第三人的原因对委托人不履行义务，受托人应当向委托人披露第三人，委托人因此可以行使受托人对第三人的权利，但第三人与受托人订立合同时如果知道该委托人就不会订立合同的除外。
According to equitable principles , when one party fails to perform obligations , for example , the husband or wife commits bigamy , mistreatment or desertion , which causes property and moral damage to the opposite party , the latter enjoys the right to gain moral consolation and property compensation in order to realize legal equity and justice 根据公平原则，当一方不履行义务，如重婚、虐待、遗弃等，给对方造成财产损害和精神损害时，对方有权要求得到精神抚慰和财产补偿，以实现法律的公平与正义。
