Concerning The Causes Of Contract Is Legal Relieved

Because contract relieving is considered as the exception of contract "free principle", particularly the legal relief, therefore most countries legislate to interpret the cause of legal relief more restrictively . Legal relieves matters include the objective cause for relief and the breach of contract .As the objective cause for relief, " Contract Law " of our country has just stipulated the force majeure, and it is requested that only when the force majeure causes contract goal can't be realized ,the right of relief comes. Because our country's current civil law has not stipulated the clear civil liability constitution and the unification risk distribution rule, The contract relief causes regarded to be the force majeure give up the automatical relieving pattern . That "the interpret (two) of Contract Law " established clausula rebus sic stantibus is of significance, but it did not authorize the arbitration the power of cancellation , which needs to be improved.About the breach of contract as the cause of relieving ,our contract law has profited from both the common law tradition and the civil law tradition's relative institutions . Especially we introduced the common law system's anticipatory repudiation and the system of contradicts for restiveness and the theory of if the obligation is refused to be fulfilled from the civil law system, there is a certain degree of overlap and duplication. Because the law does not specify the provisions, making the jurists take a variety of different perspectives, and this results in difficulties in judicial practice and confusion when courts apply the law . Our "Contract Law" provision 94 (b) and provision 108 provide for anticipatory breach. Because the provision 69 states the system of contradicts for restiveness which is very similar to the anticipatory impossibility of performance , we introduce anticipatory breach of contract referring to not only anticipatory refusal of obligation from the common law family but also the refusal of performance from the civil law in our contract law .But they have different standards for anticipatory breach of contract, which increases the difficulty of judicial decisions .Our contract law's provision 94 subsection (c) and subsection (d), provide after being urged to relieving and immediate relieving of the delay in performance respectively, although it is not defined directly in subsection (d), that the purpose of the contract can not be achieved is certainly from the common law tradition's substantial breach system. Meanwhile, statement of cause of legal relief in our Contract Law use the modern contract theory, not to take imputation into account, which means that, except due to force majeure subject can't perform is of the subsection (a), the rest impossibility of performance (regardless of whether there is fault of the parties), delay in performance, improper performance of the cases, resulting in fundamental breach of contract, the available pursuant to subsection (d) to terminate the contract. For provision 94, subsection (e) reveal all the details of the result in terms of the legal dissolution of the contract subject, mainly referring to the "Contract Law" in the provisions of sub-rule other cases.