The Specific Cognizance Of "Cause Can't Realize The Purpose Of Contract" In The Legal Rescission Right

That can't attain the goal of contract as a condition of the legal right to terminate the contract,provisions in the contract law the 94 th item 1 and item 4,according to the provisions of the contract due to force majeure cause purpose and the other party delayed performance or any other breach that can't attain the goal of the contract,may terminate the contract.The expression the purpose of the contract cannot be realized is very abstract,and its normative matters are not clear,which has great controversy in theory and practice.From practice to a lot of the written judgment,this paper combed the specification specified by the performance in practice,find the rules in practice,there will be the force majeure and default behavior and fracture problem cannot realize the contract purpose,confusing legal rescission and responsibility distribution of force majeure,confusion default behavior and consequences of breach of contract,ignore the contract law system also exist in objective defined in contract within the same concept of contract purpose value difference problem,limited to the name or contractual obligations in the contract clause that objective problems,confuse the breach of contract and consequences of default,the purpose of the contract scope of fuzzy standards and other issues,In addition,it summarizes the framework of following the cause and result elements in the statutory termination right,and the specific determination strategy of unrealizable as the core judgment standard and unrealizable as the specific determination strategy of unrealizable contract purpose,which is to determine the scope of contract purpose and the degree of non-breaching party's tolerance of obligation by consideration.