Termination Of Contract Issues

Termination of the contract leading to termination of the contract is an important system. As someone said, "the beginning is to eliminate debt." Contract as a major type of debt, whether it is the beginning or eliminate debt, the role of the market economy have no doubt, for the parties of the same can not be denied. But on the issue of termination of the contract there are all kinds of legislation and practice, undesirable places, this theoretical study to become a civil and judicial practice in a more controversial area. Termination of the contract described in this paper the problem is one of them.Termination of the contract in the area of civil law countries in the world are not the same provisions, particularly in civil law and common law, represented by two legal norms of the system, there are big differences. Two Schools in Central Purchasing our contract legislation based on the length of the corresponding termination of the contract system was learn to be more perfect. However, the specific norms, there is still enough to cause controversy and insufficient, resulting in the practice of law applicable to the dispute.In this paper, a comparative study of methods and empirical analysis of the method, the lifting system for our contract-related legislation, while the civil law and common law and international treaties and other legislation on termination of the contract set out the rules, intended to find a solution to the problem in the termination of the contract procedural and substantive ways and means. Article describes the different legislation of termination of the contract, and the reasons for termination of the contract, the right of cancellation of the exercise methods, exercise mode, exercise the right of cancellation restrictions, the effect of termination of the contract and the contract is terminated and the scope of damages in the controversial practice the issues were discussed. Among them, in exercise of the right of cancellation terminating the contract in the way, you can cancel the contract action is a way to practice a large number of authors examined the case of termination of the contract, make the interpretation of this issue, which is also the author of the termination of the contract issues were discussed and a starting point for research. Articles focus on exercise of right to rescind the contract and the legal effect of termination of the contract are described, a comparative analysis of the termination of the contract system, the exercise method of termination of the contract, the exercise of termination of the contract period, the legal effect of termination of the contract, specifically the way the exercise of termination of the contract, duration and force of law and other issues. The authors hope this paper can legislation and judicial practice of China's contract to provide recommendations to resolve the practical application of the law on confusion. In this paper, the concept of starting from the termination of the contract, through the comparison of foreign legislation, the lifting system as defined in the contract; second to sort out the reasons for the termination of the contract, the contract sum of China's lifting of the type of contract law that an agreement to lift and statutory release;third, Statutory release is divided into default due to force majeure lifted and lifted both cases, focused on the issue of statutory right of cancellation; Right to terminate the contract for the exercise mode, exercise restrictions, the counterpart of the right to dissent, a comparative analysis of the exercise program, especially for the ability to terminate litigation was discussed, as well as opposition parties of the contract relative to the relevant provisions of the v. the scientific challenge. Contract, whether the lifting force of law is also retroactive scholars focus of debate, the paper cited the enactment of legislation and foreign views of scholars on China's contract law whether the contract should be retroactive to lift the analysis of, we should analyze specific issues, cancel the contract in case of force majeure, in principle, should have retroactive effect, terminate the contract in case of fundamental breach should help to protect the legitimate interests of the observant prerequisite to determine whether there is retroactive, and continue with the non-continuing nature of the contract retroactive termination of the contract should not be the same. After termination of the contract damages litigation is often the key parties, China's contract law provisions of Article 97 is clearly too general, in practice, the operability is not strong, the law requires the defaulting party liable for damages, how to bear, damages how to define the nature and scope of the theory and practice is a major problem, the authors then proposed a corresponding point of view.In short, this perspective to China's contract law, the manner of termination of the contract, duration, procedures, validity and damages, and others study and discussion, I hope the legislative, judicial, theoretical research would be useful.