Breach Of Contract Rescission Under Obligation To Pay

The Contract Law of the People’s Republic of China promulgated in 1999 stipulates the obligation to pay from the point of view.But up to now,the research on the theory of obligation to pay from the point of view of practice and theory is not mature.The main contradiction discussed is whether breach of obligation to pay from the point of view can lead to the occurrence of legal contract rescission.At the same time,the types of obligation to pay from the point of view are not clear.A definite distinction.This paper mainly consists of four parts,focusing on whether the non-breaching party can exercise the right of rescission of the contract after breaching the obligation of subordinate payment.The first part is an overview of the obligation to pay,explaining the current legislative situation and controversial focus of our country from the obligation to pay,and selecting four different types of representative cases to lead to the main problems,that is,whether the other party can exercise the right of rescission of contract when the same party improperly performs the obligation to pay in the process of contract performance.If the right of rescission of a contract can occur,what elements are needed for the exercise of the right,or to what extent the breach of contract can lead to the final rescission of the contract,which paves the way for the following discussion.The second part mainly discusses the theory of the obligation of subordinate payment.Firstly,it expounds the theoretical basis of the obligation of subordinate payment.Then it differentiates the concepts similar to the obligation of subordinate payment,such as the obligation of main payment,the obligation of collateral payment and the obligation of untrue payment.By comparing with each other,it distinguishes the confusing concepts,so as to define the boundaries of the obligation of subordinate payment in concept,and finally,according to the definition of subordinat The specific way to realize the duty of subsidiary principal payment is divided into different types from the obligation of payment,and the type of the obligation of subsidiary payment is considered.The third part is the key part of this article.Firstly,it introduces the legislativeprovisions and theories of various countries that violate the contract rescission under the obligation of payment.Secondly,it analyses the connotation of the two key words of "contract purpose" and "fundamental breach of contract",determines the conditions under which the breach of the obligation of payment leads to the right of rescission of contract.Finally,it analyses the cases in which the breach of the obligation of payment leads to the rescission of contract in the judiciary.The dilemma in practice.The last part chooses the typical cases of breach of the obligation to pay leading to the termination of the contract,and analyses the court’s judgments and views,through the author’s consideration of the focus of the case,further elaborates the limitation of breach of the right to terminate the contract from the obligation to pay.