Study On The Termination Without Any Reason Of Continuous Contracts

Continuous contracts as a concept of academia have not been incorporated into the law yet.The main characteristic of the continuous contract is that the time factor determines the payment content of the debt.The longer the duration,the more the amount of rights and obligations under the contract increases.It is not the creation of a specific well-known contract.Instead,it is a kind of contractual classification of the existing specific contracts based on the effect of time on contract payments,which has been reached in the academic community.There is a close connection between arbitrary termination rights and continuing contracts.The scope of arbitrary release has not yet been stipulated.However,the academic community believes that arbitrary termination applies only to continuing contracts with unspecified duration and continuing contracts that provide labor(service)content.So it is necessary to study the special features of the cancellation of continuing contracts.It is necessary to regulate the right of arbitrary cancellation to prevent the abuse of their rights and the scope,main body,and release method of arbitrary release,and to continue the contract.The legal effects of the arbitrary cancellation of continuing contracts also need to be explored.The paper is mainly divided into four parts.The first part is mainly the basic theory of continuing contract,analyzes the characteristics of continuing contract,and then analyzes the particularity of continuing contract cancellation on the basis of this,and puts forward the problem that China is arbitrarily released at this stage.The second part mainly discusses the jurisprudence basis and the characteristics of the arbitrarily dismissal rights in the continuing contract,and clarifies the main body and method of exercising discretionary power.The third part mainly discusses the legal effects of the cancellation of continuing contracts.There are many doctrines about the legal effects after the termination of the contract.What kind of doctrine should be adopted after the termination of the continuous contract?Is the validity of the contract retroactively relegated to the eradication of the past?Does the exercise of discretionary right use damages as a precondition?And how to determine the scope of damages caused by this,this chapter will focus on these issues to discuss.In the fourth part,I put forward rationalized suggestions on the existence of the right of arbitrary cancellation in some specific contracts in the Contract Law and represented by the irregular lease contract and the entrusted contract.