The Research On The Termination Institution Of The Continuous Contract

Continuous contract based on the characteristic of that ending of previously overall payments uncertainly,make a differ with temporary contract in the application of the rule of law.In the "contract law",termination of continuous contract is covered in the present contract,but particularity determines to continue to continuous contract termination is necessary to exist alone.Contract termination make continuous contract relations since the date of termination to destroy in the future,previous contract relationship is still valid."Contract law" the general provisions of the general legal termination reason is insufficient to include the termination of any special reason,it is necessary to the arbitrary termination of generalization.During any of the specific provisions of termination for pending continue to contract keep the arrival of end stage performance,should be distinguished from the dissolved."Contract law" article 97 the provisions on legal effect is both general and abstract,so continuous contract can apply this clause after termination of the contract,but it also cause uncertainty in judicial practice application,termination of continuous contract should be usually not have retrospective effect to make separate regulations.Research of this paper is that,through the analysis to the basic theory of contract termination,discusses the importance and significance of contract termination system which our country to set up to,according to the situation of legislation in our country,on analysis of any non-arbitrary termination,any arbitrary termination and the shortage of legal effect of the regulation on the continuous contract termination of the perfecting of our country legislation system put forward some useful countermeasures,in order to solve such problems existing in the practice.This paper is divided into four main parts:First of all,the introduction from continuous contract make discussion of the concept and the characteristic,on analysis of current legislation,and connecting with the problems that existing in the judicial practice,elaborated the significance and necessity of legal normsour whith country to perfect the continuous contract termination;Secondly,two small part introduced emphatically analyzed continuous contract termination system,the first a small part of total on mainly analysis to the particularity continuous contract termination system,including the difference between the contract termination and rescission of contract,particularity of non-arbitrary termination and arbitrary termination and specification to continuous contract termination system,the meaning of the second part introduces the legislative modes of Germany,Japan and our country.Then,starting from the two types of continuous contract termination,non-arbitrary termination and arbitrary termination of the continuous contract,this paper expounds the connotation of the two respectively,and points out that the main difference of the two,as well as the provisions of both in "contract law",combined with foreign legislation,puts forward countermeasures of perfecting our country's legislation is insufficient;Finally,from two aspects of retrospective effect and damages expound on legal effect of continuous contract termination,in principle,only to happen in the future after termination.Theoretical and practical circles in China have reached an agreement,in addition,the termination does not affect the rights of the parties to claim damages.