Any Contract Termination Right Legal Problem Analysis

The discretionary right to terminate a contract is an important system in theContract Law of China conforms to the pursuit of freedom and efficiency of modernsociety, and reflects the basic content and core spirit of Theory of Efficient Breach ofthe common law and the discretionary right to terminate a contract of civil law. It hasadvantages and strong vitality. However, judging from the current law, the discretionaryright to terminate a contract does not form a complete system, there is no blanketprovisions in the General Principles of Contract Law of China, but many are scatteredthroughout the Contract Law and some of the special law. It is due to the lack oflegislation and theoretical studies of weak, in judicial practice there are a lot ofcontroversy and confusion making different judgments of the same cases to occur. Italso makes the parties at a loss, abuse of the discretionary right to terminate a contract iscommon, leading to a dispute difficult to resolve, the injured party has his compensationrequest not be met in some conditions, and it makes a great damage to social fairnessand justice.This article is divided into three parts, the first part introduces the concept of thediscretionary right to terminate a contract, making its status and nature clear. The articlefocuses on the theoretical origins of the system, that is Theory of Efficient Breach of thecommon law and in-depth analysis of the system the application of space in our legalsystem and the resulting contradictions and conflicts. In addition, detailed analysis andsummary of the main provisions of our current law on the discretionary right toterminate a contract, in order to explore the object and purpose of the legislation. Thesecond part is based on the analysis of some typical cases, elaborated on the problems inapplication of The discretionary right to terminate a contract and the resultingcontroversy. The third part is Putting forward legislative ideas and proposals in order toprotect the transaction security and stable the economic order.The discretionary right to terminate a contract produces some problems, causingconsiderable controversy in the application. This article thinks that the discretionaryright to terminate a contract is prescribed by law, a special right, If we allow the partiesto set up or abandon the right.Then, it is bound to undermine the legal certainty and stability, and even affects the stability of the economic order. In addition to thecompensation range, this article also thinks that the scope is limited to actual loss,excluding the possible benefits, otherwise the contract would be tantamount to actualperformance, which is not consistent with the legislative concept of the discretionaryright to terminate a contract. To solve these problems, the law should be relativelycomplete and detailed in order to play a good role in guiding practice, resolving disputesand encouraging the purpose of the transaction.