The Study Of Basic Theoretical Issues Of The Continuous Contract

As the basic classification of the modern contract law, the contract can bedivided into temporary contracts and continuous contract. The time factor in thecategory of contract, in the contract law theory and practice has an importantsignificance. The contract law of our country although in the specific provisionsof supply and use of electricity, water, gas, thermal contract and leasing contract,deposit contract, contract warehousing and other typical continuous contractrelated standard, but not in the general provisions of the contract to make thegeneral provisions. In modern business transactions, in order to reduce thetransaction cost, avoiding cumbersome contracting procedures, continue tocontract has gradually evolved into a kind of main trade way; at the same time,the new continuous contract emerge in an endless stream, such as chain stores,franchise agreement and contract. Due to the continued contract wideapplication in economic domain, followed by a contract dispute alsoincreasingly grow in quantity, in order to give judicial processing continues to contract cases provide sufficient theoretical basis, theory for continuous contractresearch further. Due to time factor’s involvement, trust strengthening relations,continue to contract a contract is different from that of the many features: first ofall, of the contract with continuity; secondly, if not have a contractualrelationship duration or fail to terminate after performance can last indefinitely;most importantly, the length of time to the total payment the content and scopeof decisive significance. Accordingly, in the application of the law to contractand temporary contracts have many differences, such as the contract is invalid,revoked and after the termination of effectiveness, the exercise of the right ofdefense and litigation prescription starting and so on, this paper will be in thereasonable definition of continuity contract basis to discuss these issues.The full text is divided into five parts: first of all, through the introductionof Germany, China’s Taiwan region and the mainland scholars continue tocontract definition of different perspectives, summed up the concept,characteristics of continued contract, for further analysis of continuous contractspecific system to build a scientific and rational logical starting point. Secondly, explicit continued contract classification, based on the contract of persistentbenefit producing basis and manifestations of the different, will continue tocontract is divided into inherent continuous contract and successive-supplycontract, and the controversial the type of contract analysis, to clarify its nature.Again, thorough research to the essence of contract, through to the contraryopinions refuted, further clarify the continuing nature of contracts is the totalpayment of the range determined by the length of time for payment, anddiscusses the essence in different types of continuous contract in the specificembodiment, in order to continue the contract form a clearer completeunderstanding. Then, focuses on the analysis of continuous contract in moderncontract law system and the status of contract law system to contract legislationtechnology, then discovered that continue to contract and modern contract lawtheory is not harmonious place, to solve the problem for the bull’s eye. Finally,to continue to contract and related legal system improve the proposal, on onehand, through the review of foreign especially the German legal system, putforward to solve the problem of legislation, in order to provide theoretical support for the perfection of the law; on the other hand the hermeneutic method,tried in the existing legislative framework for provisions in a system, the logicalexplanation, with period for judicial practice to provide a feasible explanation onthe way.