On The Termination Of The Continuous Contract

The theory of modern contract law makes the distinction between continuous contract and temporary contract,which has become a consensus in the field of contract law.The modern contract law makes a distinction between contracts,which is based on the time factor in the actual performance of the contract.The distinction between the types of contracts has been confirmed in the form of legislation in germany.However,in the theoretical field,scholars have neglected the study of the continuous contract,which is not related to the definition of the continuous contract.The concept of the continuous contract originated in Germany,but legislators have avoided the definition of the continuing contract,and that it is difficult to define the continuing contract,and may hinder the development of the future.As to the subject of the termination of the continuing contract,there are very few scholars who have studied it deeply.The research on the termination of the contract in the civil law circles of our country is seldom mentioned.From the legislative aspect,announced in 1999 People's Republic of China implementation of the "contract law"(hereinafter referred to as the "contract law")did not recognize this type of contract to contract,nor will the temporary contracts to distinguish.Admittedly,the contract law system in our country is formed a contract for one foundation,but the continued existence of qualitatively different contract and temporary contracts,a contract for one contract law system based on the can to a certain extent applicable to continuous contract.This kind of adaptation,especially under the system of contract rescission.China's "contract law" stipulated in the ninety-seventh contract is based on a temporary contract,it can not be fully applicable to the context of the continuation of the contract,resulting in the judicial practice of the application of the law blank.The termination of temporary termination of contract and continue the contract is different,should distinguish different legal application to be adjusted to this point,"German Civil Code" set a different system,and continue to contract terminated separately apply for temporary contract.The establishment of such a system provides a reference model for the construction of future contract law system in China.