Study On The Controversial Issues Of The Right To Terminate Housing Leasing Contract

In principle,adherence to the contract itself is the fundamental rule to be strictly followed under current Chinese Contract Law regime,which clearly addresses the legal authority of the contract and requires contract parties to perform their contractual obligations in accordance with the contract terms so that no change or termination to the contract shall be made without proper authorization.However,in some cases,due to the situation changes,the performance of the contract may turn out to be not that necessary or even possible and thus results in the failure to the realization of the very purpose of the contract.Therefore,for the interest of both parties,especially in the field of housing leasing contracts,instead of simply sticking to the binding force of the contract,a proper termination to the contract may be essential to both parties and will largely help to maintain the regular economic orders.Having said that,given the complexity of contract termination related topics,current legislations is scattered in different regulations and cannot cover every aspect,accordingly,disputes resulted from the exercise of the termination are treated differently by different judges in current judicial practice due to the lack of uniform standards,it is necessary to have a study on those controversial issues in this regards to explore the possible solutions.Given the legal basis of dispute settlement is the legislations relating to contract governance,therefore,starting from the introduction of legislations about housing leasing contract termination under current laws and judicial interpretation,this articlewill have an overview on the characteristic,application,execution methodology and legal consequence of housing leasing contract termination right so as to facilitate the further study later on.With the aforesaid introduction and elaboration,this article will then have a study on those controversial issues occurred in both the theory and judicial practice,for instance,whether the breaching party shall be entitled to the right of contract termination and how,when the said right will be expired,the procedure and issues of exercising the right of contract termination with no reason under non-fixed leasing contract and some legislative proposals accordingly etc.With respect to the termination right entitled to the breaching party,this article will have a study on its feasibility,applicability,compensation to the non-breaching party and procedures to exercise the said termination right etc.When studying on the invalidation of the leasing contract termination right,this article will have a look at the nature of the termination right,equitable estoppel originated in common law countries and principles of right invalidation(Verwirkung)to explore the possibility of the invalidation of leasing contract termination right,furthermore,to research its applicability and difference between the right invalidation and expiration,right renunciation and statute of limitation.In the end,the right of termination with no reason for non-fixed leasing contract will be discussed.Starting from its characteristic,execution owner and methodology,this article will further study on some issues resulted from the ambiguity and incompletion of the legislations under current judicial practice,for instance,limitation on the protection of tenant's interest,lack of distinction of legislations for different leasing contract,potential abuse of rights etc.By having the aforesaid study on the controversial issues regarding the termination of housing leasing contract,the article is to not only have an overview on the current leasing contract governance system itself,but also to add values on the settlements of those emerging disputes in daily judicial practice.