给付不能和给付迟延是债务不履行的两种状态,给付不能是债务人不能按照债的本旨进行给付;给付迟延是能够给付但是没有按照约定的日期给付的。债务人虽然进行了给付,但是给付不符合债的本旨,或者违反了债的关系的附随义务,此为不完全给付,三者既有相似之处,又有不同,需要探讨。 The failure to pay and the delay in payment are the two states in which the debts are not fulfilled. The payment can not be made only if the debtor can not pay the debt. The delay in payment can be paid but not paid on the agreed date. Although the debtor has paid, but the payment does not meet the purpose of the debt or violates the incidental obligations of the debt relationship, this is incomplete payment. The three have similarities and differences and need to be explored.