Study On The Discretionary Right To Terminate A Contract And Its Limitations

Based on the method of the domestic value such as freedom, efficiency and fairness, aborted the system of efficient breach of Anglo-American law system and the basis of the core idea of the right to terminate any of continental law system. In the specific provisions of the contract law, the discretionary right to terminate a contract is a special right. The discretionary right to terminate a contract which only applies to certain types of contract. Article 268 of the contract law in our country is the provisions of the contract, the hirer shall enjoy the right of dissolved entrust contract under article 410 of the trustor and the trustee shall enjoy the right of dissolved per capita dissolved. At present, the academic circle for any termination right is not centralized, systemic research is mainly focused on the specific provisions of our country "contract law" the relevant provisions of the specific studies, and some famous in the contract, the lack of internal unity and integrity, this situation led directly to the uncertainty of legal norms, make party for any termination right of way and remove the legal consequences after lack of predictability in the judicial practice also easily disoriented, eventually destroyed any termination right inherent value pursuit. Discourse theory of arbitrary termination right, few specialized system research is rare, and discussions are confined to the existing ought to be. However, in real life, there are many problems in the contract any exercising termination right, such as the abuse of dissolved and cancel the improper exercise of arbitrary.In this paper, the theory and the theory from any termination rights discussed related issues. In contrast, the general legal basis for the termination of the right to a discussion on the legal nature of the contract termination rights. The discretionary right to terminate a contract is monolithic. The loss of other rights in general should generally be given some form of compensation for the relative form. The exercise of any right of termination, a legitimate exercise of the right on the surface, there are default features in nature. Establish the right to any termination of balance in nature is based on the value of France's freedom, efficiency and equity. Value pursuit of the French, according to the contract the right to terminate the contract corresponding classification, this paper analyzes the case and found that there is room for the exercise of any right of termination of the contract, the scope of damages and the uncertainty of any agreement to exclude the right to terminate the like. Therefore, it has important theoretical and practical significance in the exercise of the right to terminate the contract of any regulation.Different types of contracts, the exercise of subject and object, the exercise of termination rights, the scope of the exercise and the scope of compensation is different. It can not to set a unified standard, which should be discussed in different situation. The exercise of the right to terminate the regulations which is the key issues discussed in this article. I study the subject of the exercise, the object of the exercise, the time and exercise methods, the scope of the compensation relevant rules and put forward relevant legislative proposals. Any right to terminate the scope of compensation should be not simply in trust of the loss or damage of loss of interest. It should be divided into two cases that non-performance and the performance; for not completely fulfilled, only the loss of reliance interest compensation; In the case of partial performance, the performance of the device, should be compensated for unperformed portion does not need to compensate for the loss of reliance interest compensation only from breach of contract damages. At the same time in different types of contracts, the compensation range is different.