On The Termination Of The Continuous Contract

Contract dissolution and contract termination are two important system of contract law. The former is applied to discrete contract, while the latter is used for continuous contract. The contract relationship should only be ended towards the future when the continuous contract terminates which means the obligations have been performed shall continue to be effective and those have not be fulfilled shall not be done anymore. China’ Contract Law shall clearly regulate the system of the termination of continuous contract, so make the distinction between the system of contract dissolution and contract termination clear.This thesis consists of five chapters. The first chapter introduces some basic knowledge about continuous contract, which includes the definition, substantive characteristics and the legal foundation of continuous contract. The second chapter clarifies the meanings and the logic basis of the establishment of the system of continuous contract termination. The third chapter analyses the categories of the termination of continuous contract and termination for causes. Also, this part discusses the relation between the lost of trust and the reasons of contract termination. The fourth chapter emphasizes the legal effect of the termination of continuous contract after the comparison and summary of different doctrine of the legal effect of contract dissolution. The last chapter discusses the concrete legal system establishment of contract termination in China’ Contract Law in the future.