Study Of Chinese Contract Termination System

The system of contract law is extensive and profound.The system of contract termination is one of the most important parts.The implement of Chinese united contract law absorbs essences of the different systems of former three contract laws and merges into a single whole,combines the concerned theories of civil law and common with practical experiences,builds the basic frame of Chinese contract termination system.This thesis is going to have a panoramical scan and probe from the angles of comparative law and practice.The thesis has five charpters.Charpter One is introduction of contract termination.Charpter two is terms of contract termination.Charpter three is procedure of contract termination.Charpter four is result of contract termination and charpter five is deficiencies and suggestions of contract termination system.It basically involves the different important compositions of Chinese contract termination system. It has a relatively deepgoing analysis for the important law questions,and puts forward the author's own viewpoints and proposals.The charpter one briefly analyses and reveals the concept of Chinese contract termination and its differences with traditional civil law, elaborates the characteristics of contract termination,and illustrates the contract termination system's position in the Chinese contract systems.The charpter two is the charpter which is the most meticulously described and deep explored.It has the most practical values in practice .According to the clauses of present contract law ,terms of contract termination is theorically divided into arranged termination and legal termination ,and analyses and defines them in clausal sequences.The arranged termination is divided into agreed termination and right of arranged termination,defines their characters,and attaches importance to noticable questions in application.In explication of legal termination's terms,it expounds five circumstances of legal termination's terms in order of clause,which is the force majeure,expectant default,performing late,fundamental default and other conditions.In order to precisely grasp the comparatively new theory introduced during legislation and accurately apply in practice ,the charpter two probes and cards the expectant default system and fundamental default system from the theory origin,historical development ,relation with the continental law,option of Chinese law's transplant and application.Expect for terms of termination,the charpter two briefly introduces and comments the special legal termination's terms,and fully reveals the whole scene of contract termination's terms.The charpter three is divided into the procedure of right to perform termination and procedure of agreed termination,emphatically analyses the right subject of procedure of right to perform termination,informing approval registrate procedures and time limit of right to terminate.After combing the standpoints of retroactive effect and legislation example,the charpter four points out it doesn't treat the different matters as the same of Chinese contract termination in accordance with performances circumstancesand character of contract,and then classifies.The charpter four analyses the relationship between contract termination and damages,and explicates three conditions of contract termination respectively because of agreement,the force majeur and default.The charpter five puts forward personal viewpoints and suggestions,relates to the orientation of contract termination system,implied expectant default, demur and omissions of modifications.