On The Termination Of Contract

Termination of the contract means the action the contractual relationship becomes elimimative from the begainning or at the last due to the meaning of the relative parties when the contract becomes effective with discharge conditions.The contract established according to the law has the mandatory power to both parties. In principle,when the contract takes effect, none of the patries can terminate the contract freely.However, the termination of the contract always become an inevitable phenomenon in economic life because the unpredictable changes form the subjective or objective aspect for both paties in daily economic life. The termination of the contract is an important legal remedies not only because it related to the extent in which eople trust the contract but also because it has has an important role in the protection of contract rights and tne stability of the economic order. This article will discuss the types of thecontract when it terminate, focusing on the legal discharge of the contract, whether the termination of the contract has a retrospective, post-contract obligations of the parties when the contract terminate and the consummate measures of the termination contract system.The first part is about the type of contract when it terminates. There are three main types: Agreement termination,agreed termination and statutory termination. The Theorists are always dispute that whether the agreement termination is the contract temination system,and this article will discuss it slightly. Statutory temination is highlighted in this part, the "Contract Law" has charify the type of the contract detimination in details, including:acts of God, anticipatory breach of contract, contract delays in performing the principal debt, after a reasonable period purpose of the contract can not be achieved due to termination of the contract. after receiving demand has yet to fulfill.The second part is about the effect of contract's termination. The first small part is about the problem of the retroactive termination of the contract. About which,the theorists have been controversial and there are three main theories, namely that the direct effect, indirect effect that the compromise said. The "Contract Law" on which has special provisions. The second small part is the obligations after the cintract terminates including the damages obligation and restitution obligation.and introduce the the composition of the damage obligation and the principles of, including the principle of full compensation, predictable rules and the reductive rules of the loss. The third part is about the completetion of the contract temination system. The specific measures will be posed reference to Anglo-American system of the comtract temination to a certain extent,with the relevant legal provisions currently. There are four measures:first, termination of the contract and the cancellation of the contract should be separated in our "Contract Law", second, the anticipatory breach of contract systems should be improved so that the choice right of non-defaulting party receives appropriate restrictions, third, the classification of the UK contracte policy should be produced which takes the destroy in the break of contract as a standard of the termination of the contract, fouth is to make the legal effect after the termination of the contract clear.