Study On The Right Of Discretionary Dissolution Of Contract In The Contract Law Of Our Country

The dissolution of contract is an important system of the termination of the rights and obligations under the contract, and this system makes the contract parties liberate from the contract which has been established and entered into force. Discretionary dissolution of contract is a special type of the dissolution of contract, and it is only suitable for certain types of contracts. Meanwhile, the right of discretionary dissolution of contract only belongs to certain parties. The research on the right of discretionary dissolution of contract is very decentralized, just focusing on the specific provisions in China’s Contract Law. For example, the right of discretionary dissolution of contract of the hirer in the Article268and Article410. However, the study on the positioning of the right of discretionary dissolution of contract in the Contract Law and whether there are other provisions also confirming the right of discretionary dissolution of contract in certain types of contracts is relatively rare. The lack of systematic research of the right of discretionary dissolution of contract causes sorts of problems in the application process, so its function has not been effectively played, so that the value of the system has lost. Therefore, the author hopes to study thoroughly on the right of discretionary dissolution of contract of China’s Contract Law based on the analysis of existing studies, introduce the theories related to the right of discretionary dissolution of contract, and learn from the beneficial achievements of the related research results of extraterritorial provisions and the existing legal provisions to analyze and comb the provisions concerning the right of discretionary dissolution of contract in China’s Contract Law, in order to provide the corresponding rules for the application of the right of discretionary dissolution of contract. Based on the contents of the first two parts, the applicable scope of the right of discretionary dissolution of contract are proposed in this article, and the scope of compensation of exercising the right of discretionary dissolution of contract in the provisions of China’s Contract Law is also proposed in this article according to different situations.In the Introduction Part, based on the position of the right of discretionary dissolution of contract in the system of dissolution of contract, this article introduces the existing research results related to the right of discretionary dissolution of contract and explains the purpose of writing this article.In the part of the Theoretical Problems of the Right of Discretionary Dissolution of Contract, this article discusses four related problems in detail, including the position of the right of discretionary dissolution of contract in the general provisions in Contract Law, the conflict between the right of discretionary dissolution of contract and the rule that the contract must be obeyed and whether the right of discretionary dissolution of contract can be arranged or not and the legal basis of the right of discretionary dissolution of contract.In the part of the Relative Provisions of the Right of Discretionary Dissolution of Contract in China’s Contract Law, this article starts with the the specific provisions related to the right of discretionary dissolution of contract to analyze whether these specific provisions which are discussed among scholars are related to the right of discretionary dissolution of contract rightly, in order to make it clear of the specific provisions in China’s Contract Law.In the part of the Applicable Scope and the Legal Consequences of the Right of Discretionary Dissolution of Contract, this article focuses on summarizing the regular problems related to the right of discretionary dissolution of contract and provides corresponding rules for reference. This part is exactly about the introduction of the key points before, to start from the conclusions of the front part to sum up applicable scope of the right of discretionary dissolution of contract. At the same time, this part discusses the detailed scope of losses compensation after exercising the right of discretionary dissolution of contract according to different situations, and makes corresponding conclusions based on the specific situation and provides theoretical reference for the scope of the loss compensation in practice of exercising the right of discretionary dissolution of contract.