Study On The Termination Of Continuous Contracts

With the development of economy, the contract disputes emerge in endlessly, which continuous contract dispute not be in the minority. It has become a kind of modern commercial transaction that cannot be ignored. Because it's different from the common contract, it become more risk in the deal. Its stability and security will be directly related to the stability of the economic order and healthy development. But around the countries of the contract legislation, it is still a contract for one dominant, continuous contract is no exception at the added status, existing in current China. The author tries to through this paper from the features of the continuous contract to the termination of continuous contract for research.First of all, the definition of the concept of the continuous contract among legal scholar still has many differences. Throughout all the main content of the theory, the author thinks that, the biggest characteristic of the continuous contract is that the time factor is decided to contract pay of the total amount of the deciding factor.Second, one legal right to terminate a contract reasons shall be specified in the contract law, the continuous contracts with applicable in outside, due to their own characteristics in its decision to remove the causes of the right should be wider than the time the contract.Third, the consequences after the contracts being terminated are the most important content. The consequences after the termination of the common contracts are different from the consequences after the termination of continuous contracts.From the above aspects, the author plan to use the comparison method to do a research about the termination of continuous contracts. The author also tries to make up the defect of the current legislation to solve these problems existed in the practice.