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Termination Of Lease Contract And Liability For Breach Of Contract

Posted on:2019-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:W J ZhangFull Text:PDF
GTID:2416330545999947Subject:Law
Abstract/Summary:PDF Full Text Request
As a form of statutory transaction,the contract always serves as a bridge to meet people's needs.However,people's rationality is limited,and the majority of contractual contractors are not professional legal persons.It is inevitable that the form of the contract is incomplete and inconsistent.When the ambiguity of language can be interpreted both as a term leasing contract and a contract with disqualification,the purpose of the contract,the economic benefits of the contracting parties,and the principle of law application where the special clause is superior to the ordinary clause should be taken into consideration.This article starts with a dispute of machinery and equipment leasing contracts,and proposes to resolve the issue of the definition of the lifting of the conditions for affixation and the statutory rescission of fixed-term lease contracts around the focus of the dispute.On the basis of defining the nature of the contract,this article also discusses the transition from fixed-term leases to unscheduled leases.When the observing party fails to timely exercise the discretionary right to cause damages when it knows that the purpose of the contract cannot be achieved,the court Considering the breaching obligations of the observing party,the issue of judging the breaching party's liability for breach of contract is determined.
Keywords/Search Tags:regular lease, irregular lease, the termination of a contract, condition, impairment obligation
PDF Full Text Request
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