The Study Of The Lessee Reach Remove In The House Leasing Contract

Contract is the product of the parties to the parties. The contract shall be valid after the establishment of the contract. According to the contract, the parties shall perform the obligations according to the contract. But sometimes the objective conditions change, a party to continue to perform the contract will have a very non economic situation. Our current law, although the contract abide by the principle of a breakthrough, but still limited to the right to terminate the non breaching party, the right to terminate the contract on the basis of reducing the loss of the right to terminate the contract is not entitled to terminate the contract. With the development of economy, people begin to pay more attention to the pursuit of efficiency value, the court in the decision also began to favor the recognition of the tendency of default.In this paper, the case is introduced as the beginning, through the study of the case to extend the problem to be studied. This thesis is composed of four parts, which the first part introduced two trial of second instance court housing lease contract dispute case, in the case as the party in breach of the lessee requests the termination of the contract, from the reasoning part of the sentence can see that the court of the defaulting party is entitled to rescission right hold a negative attitude, but the actual decision often recognized to terminate the contract. In the second part, the nature, classification, exercise condition and the way of the contract termination are introduced. Then, the behavior of the parties and the court’s decision in the case are analyzed. In the case of the court’s decision on the right to terminate the contract as the default party, it is also considered that the court’s decision on the termination of the contract is based on economic efficiency. In the second part, the third part is extended from the case, which should be given the right to terminate the contract. The fourth part is to solve the problem of the scope of damage compensation after the termination of the contract. Through the analysis and comparison, it is considered that the contract termination and damage compensation can coexist, and the range of damage compensation should include the trust interests and the interests of the contract.In this paper, we believe that in the field of contract law, we do not recognize the theory of efficient breach of contract, but the existence of the idea of efficient breach of contract. Through the above discussion and the analysis of the court decision, it is feasible to give the breach of contract, which can solve the contradiction in real life. It can also help the execution of the court decision and reduce the waste of resources.