The Research On The System Of Recession Of The Contract

Based on the analysis of the concept of contract dissolution,the article analyzes the reasons for the dissolution of the contract in the main countries of the continental law system and common law system,Different theories of the termination of the contract have retroactive effect of the demonstration of the scope of compensation after the termination of the contract are discussed-China's "contract law" of the reason for termination is the integration of civil law and common law,Which leads to the disunity of internal logic system?This paper suggests expanding the scope of anticipatory breach of contract,clarify the status of implied breach of contract,and to reduce the right of uneasy defense as the occasion for the termination of the contract.At the termination of the contract and the recession of the contract should be clear of the relationship,the termination of the contract and the recession of the contract by the termination of the contract,change now as the termination of the contract under the concept of the model,realize the logical separation of the two,to straighten out the relationship between the termination of the contract and the termination of the contract.In relation to terminate the agreement and contract terminate on both belong to the intended termination,but China's current "contract law" will terminate the agreement and contract provisions in the same provisions in practice is wrong,should be two physical separation.Although in the judicial interpretation of the clear changes in the situation,but China's "contract law" is not clearly defined.In view of the fact that the change of the situation is more and more used in the judicial practice,and the relevant theory is also mature,in the process of making the civil code,we should fully absorb the results of the practice,and clearly define the principle of change of circumstances.