The Study Of Frustration Of Purpose Under The System Of Legal Relief

The legal dissolution of the contract is an important part of the system of contract cancellation, all countries are focused on the legal dissolution.Legal dissolution is hub of the general principles of contract law, dissolute the establishment of reason or not directly relates to the contract content of the legal effect, achievements of the autonomy of the parties under the test of "to be or not to be".When we analysis the four items of Provision 94 th of the Contract Law, we will find that although the the provisions describe the specific expression is different, but the ultimate criterion and the end result which behind the word is identical, that is the purpose of the contract can not be achieved. Because there is no specific provision to define the contract purposes, there is a huge controversy about it on theory and practice. The purpose of the contract can not be defined accurately, we must be difficult naturally to identify whether it can not be achieved,thus, it’s impossible to determine whether there is a statutory right of cancellation. Therefore, it is necessary to research the purpose of contract and the frustration of purpose.This article is divided into four chapters:First chapter is mainly to elaborate the basic theory of the legal dissolution, and its system value.In addition,we discussed the objects of the legal regime, the conclusion is that the contract that be established but without binding force,the unilateral contract can be applied to relieve systems..At the same time, through investigating the lifting of the statutory in Common law and Civil law to, we look forward to revealing the relationship between the purpose of the contract and the statutory dissolution,meanwhile,it will explain the contents of this paper from logic aspect.The second chapter illustrates the description of Cancellation for contract in Chinese Contract Law, writer point out some defects that hide in the existing law and give opinions to solve problems.The goal is to further illustrate the significance of purpose of the contract to statutory dissolution and the practical value of this article.Because the analysis found: purpose of the contract is not possible is the ultimately legal grounds to statutory dissolution. The purpose of the contract can not achieve is the fundamental point of the whole statutory dissolution, so when we discuss the lifting reason, there is a need to study and define the purpose of the contract.The purpose of the contract including, but not limited to economic interests; Motivations also can be transformed into purpose of the contract under a certain condition,therefore,it will affect the production of legal right to terminate contract. At the same time, This chapter introduced the methods to identify the purpose of the contract.The third chapter is the another focus of this article,Mainly to study China’s current legal description of statutory dissolution system, pointing out that the existing defects.The main conclusion of this chapter is: even if one party defaults, as long as the purpose of the contract has indeed not reached, the defaulting party has the right to terminate the contract; For urgent,as long as the actions are consistent with the essential requirements exhortation, it does not affect the occurrence Exhortation effect even without using the usual form; For some special contracts, because of itself particularity or special provisions in specialized law, they may not be applicable statutory general of Cancellation.The fourth chapter is the expectations for legal reason to lift.Though the analysis of the article,we found that there are imperfection in China’s current legal cancellation, it is desirable to remove force majeure in a future legislative activity, and the Changed Circumstances should be introduced into contract law. In addition, in order to grasp the legal system of statutory dissolution better,we hope lawmakers to specify the provision of contract and its purpose can not be achieved,in order to exert full the function of statutory dissolution: maintain fair and restrict relieve.