The Termination Of The Contract System

The system of dissolution of the contract is very important in Contract Law. If parties cannot discharge as contracted after the contract was executed pursuant to law, it only has two consequences: one is that the breaching party shall bear the liability; the other is that the parties may dissolve the contract pursuant to law. Therefore, the system of fulfillment of the contract, the system of liability of the contract and the system of dissolution of the contract are of same importance hi legal location. If Contract Law has no corresponding system of dissolution of the contract or it's system of dissolution of the contract isn't scientific and reasonable, the necessary consequence is: either restricting the dissolution of the contract so that the parties couldn't break away from died contract or loosening the dissolution of the contract so that parties dissolve the contract at their own will. Therefore, it is debased the credit of contract and confused the order of contract. Because of the important jural station of the system of dissolution of the contract, the investigation of this system has important significance either in theory or in practice.Because of different political economical conditions and different legal culture background, Contract Law hi different country has varied regulations, even poles apart. How to use other countries excellent lawmaking experience for reference so as to perfect our Contract Law, especially the system of dissolution of the contract, is the mam purpose of this thesis. Thereby, comparing the significance, value, content and legal validity of the system of dissolution of the contract in civil law system with that in common law system, the main purpose of the thesis expands the stand or fall of the system of dissolution of the contract in our country.The text is divided into five parts.The first part studies the significance of the dissolution of the contract and the value of the system. Firstly, it investigates the sense of dissolution of the contract hi civil law system and in common law system with the approach of comparison, after selecting, and confirming the meaning of the system of dissolution of the contract. Then, discusses about the value of the system of dissolution of the contract comparatively. It brings up that the main purpose of establishment the system of dissolution of the contract by law is making remedial measures for the discharge impossible. Since theparties could disentangle from died contract, at the same time, the injured party could receive reasonable compensation. Finally, it compares the system of dissolution of the contract with other relevant system so that define its meanings and value.The second part discusses the reasons of dissolution of the contract. It respectively discusses the reasons of dissolution of the contract in continental law system, in common law system and in the United Nations Convention on the Contract of International Goods Sales. Through comparative investigation, varied forms of "fundamental breach of contract" are the main reasons; force majeure should not be a reason of dissolution of the contract and it should keep its independent value in Contract Law; at the same time, it specially points out that the system of change of circumstance should be a legal reason of dissolution of the contract.The third party studies the right to dissolve the contract. It comparatively studies the method for exercising the right to dissolve the contract and the reasons that the right of dissolution the contract shall vanish respectively. It discovers that the party who advocates the dissolution of the contract shall notify the other party. As the right to dissolve the contract is a kind of right of formation, which should have a tune limit and shall vanish by legal reasons.The fourth part studies the validity of dissolution the contract. Through comparing the validity of dissolution the contract in continental law system with that in common law system, the retroactive validity of dissolution the contract is affirmed.