On The Improvement Of Contract Legal Relief

This paper discusses the legal reason terminate the contract, the contract law of contract type of specific points in the legal reason does not terminate discussed scope. Except the first chapter introduction and the sixth chapter conclusion, text contents outlined below:The basic theory of contract terminate legal research. Introduced the concept of upper legal remove contract is the basic theory of the termination of the contract. Generally speaking, the termination of the contract is divided into the termination of the contract and general relativity of the termination of the contract. Our country "contract law" the termination of the contract by the concept of generalized. The termination of the contract type include:agreement lifted and exercise rescission. Among them, exercise rescission removes contract terminate and legal include:remove. The concept of the termination of the contract, and proposes the concept of paper for the termination of the contract. The legal nature of the reason terminate the contract is:the defaulting party in extreme cases of default relief measures. The contract due to remove the legal functions to:the non-breaching party "free trade and breach of the restoration of the" contract interest. "deprived To terminate the contract with the contract is terminated, the legal contract revocation, such contract shall be invalid, the concept of similar to more accurately understanding the contract terminate legal.The continental law system, the Anglo-American law due to terminate the contract legal research. Summary of continental law system, by the objective events into, such as force majeure, the change of circumstances and default. The standard model, remove breach provisions, if there is an organic whole, France, There were also stipulates the default types and Germany. Will the latter, in the default types, performance cannot perform delay, actively infringed, the creditor's rights and anticipatory breach constitute a relatively complete system. The contract law and the legal reason terminate two characteristics:1. Don't notice the breach, and note the typifications of severity. This represented by the British law while using an indirect conditions and ensure classification, but ultimately belongs to the measure of the contract.2 Anglo-American law more will remove reason to judge of decision.To terminate the contract due to the legal analysis. From the continental law system, the method of the existing contract removes the legal reason divided into three categories:1. the objective causes of legal termination. Including:the force majeure, the change of circumstances (2) caused by the breach statutory lifted. Including:the anticipatory breach, delay fulfilling and other breach.3 the provisions of other laws. Due to various lift respectively applicable conditions and the problems should be clear.To terminate the contract for the perfect legal advice. Aiming at the existing legal method proposed reason terminate the improvement Suggestions. To force majeure, the exercise of the right to terminate a subject is by force majeure. Any alteration in the legal obligation, affirmation "bargaining. But can it as "behavior obligations" rather than "results obligation". Based on the contract (2) of article 26, puts forward the reflection with the correct understanding of the changed circumstances the use of force majeure. The improvement of the anticipatory breach system, the Dutch civil code on the legislative experience more fully protect the interest of creditor. Out of harmony and logical thinking system, the German civil code of practice will regularly with the delay in performance of debt debt is regularly in a delay in performance. To delay fulfilling "reasonable" advocated by the party, shall be determined according to determine performance debt. The standards for fundamental breach, advocate fundamental breach standards in breach of concrete resolving. Form...