Right To Terminate A Contract Of Legal Restrictions

Classical contract theory of the parties think free will constitute the root of theeffectiveness of the contract, the contract between the parties concerned that is the law,contract must strictly abide by. Along with the development of modern industrial society,the social situation is fast changing, the parties shall conclude a contract in any subjectiveand objective may change and cause a party or its performance of the contract will befundamental breach conspicuously unfair. At this time, if the parties to demand the lawstill contract, certainly will against unfair. Therefore, the law set the termination of thecontract for both parties to the contract system provides get rid of the possibility ofbinding contract. At the same time, the termination of the contract system will be lostfrom the parties to the contract interest free to seek the new trading opportunities, topromote the overall social economic benefits. Because in the modern market economysociety, business trade pattern of complications, each a contract and is not isolated,detached from other contract or economic relationship exists. Thus, the law to bettersafeguard, balance the parties or the third person and the social whole economicefficiency, it is necessary to the formation of the right to terminate a contract right nature,according to the principle of good faith, banned rights abuse principle, in exceptionalcircumstances, the holder of the right to terminate a contract to exercise the restrictionson.This paper expounds the simple right to terminate a contract and right to terminate acontract the basic theory of limit, combed the theory foundation of strictly abide by thecontract and contract effectiveness theory, and finally put forward the termination of thecontract system, as the concept of contract of the breakthrough, reveal the law to thepursuit of fairness and justice, fixed free will absolutely concept.Honesty and credit principle with requirements for civil subject in civil activities,shall not to harm others for the purpose, good map of the spirit connotation, and reflectthe interests of both sides to maintain balance, and the interests and social interestbalance of will lawmakers essence. Thus, the right to terminate a contract shall be in theexercise of honesty and credit principle as the instruction, the exercise by the principle of good faith restrictions behavior.If the honesty and credit principle from the front side to guide, the holder of the rightto request as exercise, and banned rights abuse is from opposite principles to deny rightholder in violation of the principle of good faith exercise right legal effect. This is areverse that together form the right exercise to restrict or restrictions. Originated in thecourt case of rights abuses are banned from failure principle of a special case. Has theright to terminate a contract the formation of the nature of right, and the exercise of thelegal consequences will make the contract relationship to destroy. If the exercise of theright to terminate a contract term and not make any restrictions, will inevitably influenceon the stability of the legal relationship, even can damage the relative person’s legitimaterights and interests. Therefore, in order to balance right to terminate a contract, the peopleof the legal relationship and maintain stability, right to terminate a contract shall begoverned by the exercise of the right of the principle of failure restriction and restrictions.Therefore, this paper analyzes the three represents different types of right to terminate acontract case, the case to stereotype, for legal practice department and the legal theoryreference.Right to terminate a contract as a typical form of power, the exercise of the right offormation should follow the rules of the exercise. The legal theory research and form theexecution of the right of rules, mainly around the right exercise main body, the rightexercise, the way of the right of formation may not attach conditions or time limitexercise over. This paper, based on the right to terminate a contract of the specificsituation, the right to terminate a contract from the exercise of main body and the way theauthor two exercise. Among them, the exercise of the right to terminate a contractincluding express way and implied in two ways. Right to terminate a contract of peoplenotice obligations does not constitute a request the court or arbitral award to terminate thecontract of the preceding procedure. The other, on the way to the termination of thecontract is in theory controversial, the author point is to remove automatically is not away of the termination of the contract.In order to maintain their own legal rights are violated, and at the same time, also toexercise the holder of the right to terminate a contract formed restriction, the law givesthe right to terminate a person to the court or the arbitration organization filed an objection. The right to terminate the objection is not a claim, but the right to terminate apeople of all a legal interests, is brought to the court or the arbitration organizationconfirmed lawsuit of substantive law basis. The other, to timely and determine the legalrelationship right to terminate a contract and make timely clear of the legal relationship tokeep or state, the right of the people to remove objection during by law of the restrictions.But at present Chinese contract law about an objection to the rules and the exercise of theright to terminate a contract except during spending and other provisions, there are thesystem of fuzzy or legal existence of loopholes content and so on, this paper combiningin recent years of legal theory research and the judicial practice, the author puts forwardhis own perfect opinion.