Research On The Objection Institution In Term Of The Termination Of Contract

The objection institution in terms of the termination of contract plays an important role in the institution of termination of contract in China.It has been largely used to effectively limit the misuse of the right of termination as well as balancing the interests of both parties.With the development of society,however,the problems related to the objection institution has been largely argued.The theoretical problem and legislative defect has led to the frequency of judicial dilemma,which seriously affected the development of the objection institution of termination of contract.In this sense,the research on the objection institution in respect of the termination of contract is significant in both theoretical and practical aspects.The article mainly includes four chapters:The first chapter mainly introduces the practical and theoretical problems of the objection institution.The theoretical issues lie in the nature of the objection right.Because of the ambiguity of the definition of the nature,a lot of practice rules of the objection institution could not be operated properly and generated the phenomenon of “similar cases with opposite results” in judicial practice.The second chapter mainly focuses on the existing problems of the institution and the reflection of different opinions from different scholars.Based on these research,the writer proposes her own opinions.Apart from the ambiguity of the nature,a lot of issues also existed in the practice rule of objection right.These issues include but not limit to: the limitation of right of the subject,the limitation of exercising method,the limitation of the content of objection,the uncertainty of the legal effect of exercising the right,the unclarity of examining scope and legal result in the situation where the objection party petitions the People’s Court or an arbitration institution to adjudicate the validity of the termination of the contract beyond the prescribed period.The third chapter researches the relevant institutions in other countries by the approach of comparative research.According to the research,the writer found that there are a lot of foreign stipulations which are worth learning,they are,lessee’s right of objection in German contract law,judicial review scope in French contract law,the narrow circumstances of discharge of contract in English contract law and the stipulations in respect of protecting defaulting promisors in American contract law.The fourth chapter proposes some suggestions in respect of improvement of the objection institution on the basis of the research in previous chapters,including redefining the nature of the objection right,properly adding the subject of the objection right,enlarging the method of practicing appropriately,expanding the interpretation in terms of expression of objection,clarifying the legal effect of the right and illustrating judicial review scope and the legal result in the situation where the objecting party files suits in respect of objection to termination of contract beyond the prescribed period.