Study On The Case Of Defaulter Mr.Huang Remove Lease Agreement With Mr.Xie

The lease contract is a product of both leasing autonomy,the parties shall abide by the commitments,but the rental contract period usually sign longer,with the social and economic development,speed up changes in the objective environment,often there will be some obstacles to objective factors to fulfill the contract.This situation,if still require both sides to continue to perform the contract,one party may bring huge benefits damage,damage to the parties face often choose not to fulfill the contract,the breaching party to terminate the contract,academic circles and judicial practice which is not a debate.In this case,the lessee of the house,because of the change of the objective environment,advocates the termination of the contract,and has put forward two reasons for the termination of the contract on the basis of force majeure and the principle of change of circumstances.Cases show that involved in the transformation of the housing into the scope,Hwang has predictability,can not be attributed to the case of force majeure,can not be attributed to changes in the situation,is a typical business risk.Huang as the defaulting party can terminate the contract according to the contract law,a comprehensive measure of the principle of equality,the principle of fairness and justice in a case of three angles,only give the other party the right to terminate the contract is improper,has the right to terminate the contract as to the rationality of Hwang contract.Of course,the right to terminate the contract breach of contract can not be a general rule and can only be applied under certain conditions.