On The Exercise Of The Right To Terminate The Contract

When the strict adherence to the contract become unfair,due to changes in subjective and objective circumstances,it is a manifestation of substantive justice that allow the parties to terminate the contract.Rescission of contract is a kind of "escape" mechanism after the contract is established and come into effect.When the conditions for the termination of the contract,the contract does not necessarily lead to the occurrence of the legal effect of the contract,the parties to exercise the right to terminate the contract,the validity of the contract is to be eliminated.The Contract Law of the People 's Republic of China has stipulated in principle how to exercise the right of rescission of the contract.It is too vague for the parties to exercise the right to terminate the contract,the exercising period and the legal effect of the right of rescission,this has led to confusion to deal with such problems in the judicial practice,the court often issued different judgments of similar cases.This paper adopts case analysis method,selects a typical contract in judicial practice case-the dispute case of Pengyu Company and Chunze Company on housing lease contract.Based on combing the case facts and the judgment of the court,summed up the focus of controversy,with legal theories involved in the case analysis.First of all,through the typical contract for exercising termination right outside the provisions of the state,in contrast,in our country "contract law" the relevant content,adopt comparative analysis found deficiencies and put forward the perfect proposal.Secondly,around the main of exercising the right to terminate a contract in our country,and discussing the way and during the procedural rules,ask questions.Finally,introduced the legal effect after termination of the contract,the scope of damage compensation.Put forward reasonable suggestions to improve the system of the exercise of the right to rescind the contract.