Judicial Confirmation Of The Right To Terminate The Contract

The modern social change rapidly,affected by various subjective and objective factors,after the establishment of a contract,the termination of the contract may be easier to implement or the situation is more conducive to the parties than to continue to fulfill the contract,it will harm the interests of the parties or even disrupt the market order if we enforce they to abide by the contract at this time,then give the parties the right to terminate the contract is very necessary.In this paper a real asset transfer contract dispute case as the research content,the rights and obligations of the parties involved in the case are complex,through judicial appeal,the retrial,the trial results are also different.This paper focuses on whether the plaintiff have the right to terminate the contract,study from the fundamental breach of contract,purpose of contract,gain by default,the change of circumstance principle and other aspects to analyze the case,and extends on relief rules including termination of contract when both parties breach the contract.The system of rescission of contracts is an important system indispensable in modern contract law.However,the termination of the contract is contrary to the basic spirit of Contract Law,abuse of the right to terminate the contract can also cause a lot of harm.Therefore,in the judicial practice to determine to support for each of the termination of the contract should be very cautious,the cognizance of the rescission right of contract is important.Looking forward to make some contribution to the determination of the right to terminate the contract in judicial practice through the analysis of this case.