The Research On The Termination Of Continuous Contract

Continuing contracts and temporary contracts are important classifications of contracts under the traditional contract law theory based on the role of time in the performance of contracts.In judicial practice,the role of continuing contracts has become increasingly prominent,and has long been written into the "German Civil Code",and has gradually evolved into a complete system of systems distinguished from temporary contracts.However,the continuing contract has not attracted sufficient attention from the legislators in our country.China's "Contract Law" is also created around the type of traditional contract that is a temporary contract.Because of the speciality of the continuing contract,it has a lot of incompatibility when it comes to the application of the "Contract Law".This phenomenon of "incompatibility" is more reflected in the contract repeal system.Therefore,it is necessary to reconstruct the lifting system of the continuing contracts in the "Civil Code Contract Law,".In the system of rescission of renewed contracts,the connotation and extension of continuing contracts should be clearly defined.The key to grasping the concept of a continuing contract lies in obligation is sustainable,it should give the time to decide the total amount of payment,the continuation of the relationship of rights and obligations over time,and the uncertainty of the total range of payments as the basis for the definition of continuing contracts,while continuing.At the same time,because of the trust relationship,died because of loss of trust.According to the inherent nature of the obligation or the special criteria agreed by the parties,the continuity of the payment obligation should be divided into two types:legal and continuation contract.The continental legal system represented by Germany established a binary contract cancellation system for the termination of temporary contracts and the termination of continuing contracts,and distinguished the different effects of the rescission and termination of contracts.Although Japan does not adopt the concept of termination,but it distinguishes between the release of "retroactive" and the release of"non-retroactive".However,China does not need to adopt the dual structure system in which contracts are terminated.Instead,it is necessary to maintain the arbitrary right to cancel the construction of a continuing contract and the cancellation right system based on major issues on the basis of the maintenance of the one-component structure of the contract.The right of termination without any reason of continuing contracts is necessary for generalization.However,it is a fundamental violation of the principle of strict adherence to the contract.Therefore,while placing the right of termination without any reason on the general provisions of the contract law,it should strictly limit the exercise of rights.In general,discretionary right should apply to a continuation contract with no fixed term.Where the law does not stipulate the right to rescind,the parties themselves shall set the right of termination without any reason should be invalid,but the parties may exclude or limit the application of the right of termination without any reason to rescission.Based on the principle of good faith,the parties must give advance notice to exercise heir discretionary power.Because it is difficult to resolve the issue of the termination of the continuing contractual relationship due to the loss of the trust relationship on the termination contract law,the provisions of the contract shall be added to the general provisions for the cancellation of continuing contracts based on major issues,and the contract shall be terminated for breach of contract.The situation is moderately revised.Before the termination of the contract,the accusation procedure must be fulfilled on the basis of a major matter.If it is not exercised within a reasonable period of time,the rights will be eliminated.The cancellation of the contract will inevitably cause the problems of compensation for damages.The dismissal person exercises the right of arbitrary dispensation in order to exercise his legal rights.Therefore,he only needs to compensate for the damage caused by the exercise of his rights.and it is only necessary to compensate for the damage caused by the exercise of the right to the dismissal.In the case of cancellation of the contract due to breach of contract,the predictability rule cannot be applied because the total amount of payments for the continuation contract is uncertain from the outset.At the same time,if both parties have the right to cancel the contract arbitrarily,the defaulting party may exercise arbitrary cancellation rights.The defense is conducted so that the defaulting party should compensate the breaching party for the losses caused by the breach of contract,and in addition it should also compensate the observant for the additional costs incurred in seeking alternative transactions.