Study On The Right Of Termination Without Any Reason

The right of termination without any reason, as one of the most important rights of termination system under contract, owns far-reaching influence on exercise procedure and legal consequences in the judicial area of theory and practice. Nevertheless, the unclear legal status and the general research makes the lack of unified standards on judicial practice and right abuse. At present, there is almost no general research on the right of termination without any reason through studying on related cases. This paper has drawn a conclusion that the core problem existing in the right of termination without any reason is the lack of its system. Furthermore, the problems, existing in the judicial area of theory and practice, are imperfect China’s Contract Law, such as scope and calculating standard of compensations,and the lack of important content, for example, whether contract parties own the right of giving up the right of termination without any reason in advance. And what are the remedies for the other party. Innovation lying in this paper indicates that making sure the scope of application to the right of termination without any reason under the 15 kinds of renowned nameless contracts. And that we should distinguish the key factors or the inessential factors when we make sure the efficacy of appointment of the right of termination without any reason. Furthermore, the paper points out regulation measures and judgment standard on right abuse. The emphasis of the paper is trying to build up the system of the right of termination without any reason, though analyzing the cases and extraterritorial literature. It is aimed at providing efficient guidance to judicial practice.