The Termination Of The Contract System Is A Comparative Study

The dissolution affects the existence of the contract, in which parties to contracts have much interest. It therefore becomes one of major concerns in the modern contractual legislation. The regulations on the dissolution of contract in our country used for reference to foreign law and international conventions, our Uniform Contract Law improves the legal circumstances and pushes forward the uniform law movement in the area of international trade and construction of socialist legal framework. To a large extent, it marks the up-to-date achievements on both the theory of the dissolution of contract and the legal framework. But as a result of "an incomplete theoretical agreement", with new phenomena and new problems emerging one after another, in the surge of the reforms and innovations, the Uniform Contract Law which is tied to the tag of society-standard by some scholars is not appropriate for the need of society in some aspects. Reflecting on the dissolution of contract, as a matter of fact, the legislative intention has not been achieved completely. On the occasion of the enactment of civil code, taking the regression of private right-standard as a clue, this dissertation illustrates relevant issues on the dissolution of contract with the hope to make contributions to the theory of the lawmaking of the civil code.In chapter one, based on the definition of this system, this dissertation introduces two questions: one is the relationship between the dissolution of contract and alternation of the contract; the other is the legal position of the dissolution of contract. Although such dissolution can cause the termination of contract, the mode seems to be more reasonable, because in this mode, the enforcement and the termination of contract are paralleled with such dissolution as an independent chapter.In chapter two, based on the legal classification of the dissolution of contract,this dissertation explains the occurrence of the dissolution of contract. With regarding to the occurrence of the dissolution through negotiation, although the Uniform Contract Law confirms the fact that such contract can get the consensus of the parties involved and be discharged, with the consideration of the legal intention and the legal status of the clause 93 among the Uniform Contract Law, such dissolution belongs to the scope of the principle of freedom of contract. It is unnecessary to prescribe it as an independent pattern. As to the occurrence of legal dissolution and appointed dissolution, although the Uniform Contract Law attempts to sum up everything, such way of thinking has made the legislation too abstract to practice. So, amending the existing law to make it practicable is the other important issue in this dissertation which should be paid attention to when we enact the future civil code from the technical aspects.In chapter three, the author has discussed the validity of the dissolution of contract in detail. The scope of the enforcement of dissolution is the precondition of the enforcement of dissolution, which the benevolent see benevolence. But to correctly understand the scope of the enforcement of the dissolution of contract such as the object discharged, we should stick to the principle of historical materialism to analyze the specific cases under specific conditions. With regard to the issue of retroactivity, albeit some authoritative scholars hold the opinion that the contract-terminate system and the contract-dissolution system should be identified as one system, and that the question of retroactive force depends on whether the type of contract is a standing contract or not, but either from the technical aspect or from the logic of the prescriptions, this opinion has room for discussion, and the viewpoint that the dissolution have the effect of retroactivity in principle should be apt to the initial intention. Furthermore, this dissertation illustrates other important issues concerning on the effect of dissolution, such as the relationship between indemnity and the dissolution of contract as well as the relationship between the claims for reconvert and the dissolution.