Research On The Exercise Mode Of The Termination Of Contract

The contract termination system is an important part of the contract law system.By giving one party the right to terminate the contract between the parties,the parties can break away from the contract.The first of legislative value target of contract termination right exercise is safety value,which determines that China mainly adopts the mode of explicit expression.As for the way to exercise the right to terminate the contract,the "notice" method is only stipulated in the contract law of China,and there are no detailed provisions on the specific form and effectiveness of the notice and there is little provision for "litigation" to terminate the contract.China’s "contract law" stipulates that a party who agrees with the conditions for rescission agreed in the contract law or prescribed by law can express his intention to exercise the rescission right by sending a "notice" to the other party.On the basis of the recognition of the termination notice and the full consideration of the nature of litigation and its efficiency and fair value,the author believes that the parties should be given the option to allow the termination right to resolve the contract disputes through litigation.Clarify the relationship between "notice" mode and "lawsuit" mode,and analyze the effective time and nature of contract termination through lawsuit.It is believed that the effective time of contract termination by lawsuit mode shall be the time when the copy of the indictment is served on the other party and the nature of the action shall be the confirmation.Therefore,Suggestions are put forward to perfect the way of exercising the right to terminate the contract.First,in the way of exercising the right to terminate the contract,it is directly stipulated in the law,allowing the right to terminate the contract to be exercised through litigation.Second,if the contract is terminated in this way,the time for the termination of the contract shall be specified in the law further and the time of the delivery of the copy of the complaint to the other party shall prevail.