Study On The Basic Theory Of Contract Termination

Termination of the contract system, research is currently mainly focused on the effect of termination of the contract, rather the meaning of the contract is terminated, the subject, the occurrence of subject matter and the way the exercise of right to rescind a number of key difficult problems, due to the lack of theoretical research, long-term Debu To attention. Starting from the basic theory of this paper, trying to repair the long-term termination of the contract were not taken seriously the basic theory of difficult problems, and a series of theoretical problems which put forward their own views.The article first demonstrates the concept of lifting is not very broad beneficial. In fact it does not need to include an agreement to lift the termination of the contract system, the lifting of the agreement to lift the system into the dissolution system will destroy the system, and illogical.In the second part, the article during the theoretical basis of the analysis presented is not satisfied the conditions attached to stop and duration of the contract not yet reached the beginning of the contract can be attached to lifting, and in researching the Civil Code of Italy and Argentina, based on the proposed legislation that we should Service contracts are on the confirmation can be lifted, and Article 195 of the Contract Law Analysis.In the third section, the article demonstrates the Contract Law in order ninety-three second paragraph is not the conditions of the contract is terminated and the provisions should be agreed upon right of cancellation, contract law is the lifting of conditions forty-five provisions; violation of the accompanying obligations and result in Elements of the debt can not be achieved, the creditors should be entitled to statutory right of cancellation; fundamental breach of contract, anticipatory breach of contract and force majeure termination of the contract legal reasons as there are many misunderstanding.In the fourth section, the article demonstrates the lifting of course, as a "dead system " does not constitute a "termination of the contract". Notice is the only way to exercise a threat to this proposition. And there is the distinction between "being urged to lift"and"unilateral intention to lift".In this paper, data relevant legislation, doctrine and jurisprudence research data, after careful analysis of difficult problems were each put forward their own ideas, trying to lift the system of contracts and even provide some contract system of reference content.