Research On The Right Of Arbitrary Termination Of Non-scheduled Lease Contract

The lease relationship has always played an important role in the field of civil activities in our country,and the provisions of the Contract Law of our country endow the parties to the indefinite lease contract with the right of Arbitrary Rescission Thus,either party can claim to cancel the contract without the other party's breach of contract.There is no doubt that this kind of right is in conflict with the principle of good faith in the civil field,and the right of arbitrary rescission makes both parties to the lease in a state of uncertainty,which easily leads one party to abuse his right to harm the other party.Indefinite lease is characterized by its incomplete effectiveness,uncertainty of the period and its own high risk.In view of the special nature of indefinite lease,one party May,in accordance with the law,immediately notify the other party to terminate the lease relationship.On the one hand,if the indefinite lease relationship is not removed arbitrarily,the two parties will be over-restrained,so that the overall interests of the lessor and lessee can not be maximized and the best economic benefits can not be achieved.On the other hand,in judicial practice,it is common for one party to abuse the right of arbitrary rescission,which leads to more complicated litigation disputes.In this case,it is urgent to solve such problems as the legal basis,the way of exercising the right and the legal effect of the right,and the scope of compensation to be paid by the rescission party.This article is divided into the following sections:The first part mainly elaborates the theoretical basis of the right to terminate indefinite lease contract arbitrarily.First of all,from the perspective of the basic principles of contract law,it is demonstrated that the establishment of the right of arbitrary rescission does not violate the principles of autonomy of will,fairness and good faith Finally,through the confirmation of the indefinite lease contract,it points out that the right of arbitrary rescission is only applicable to the indefinite lease contract.Only by fully demonstrating the rationality of establishing the right of arbitrary rescission in indefinite lease contract can we lay a solid theoretical foundation for the discussion of its nature,application of law and legal effect.The second part focuses on the analysis of indefinite lease contract the nature of the right to terminate arbitrarily.First of all,it analyzes its position in the system of contract law,compares its similarities and differences in the application of the law withthat of the general legal right of rescission,and then makes it clear that priority should be given to the application of the general legal right of rescission when the two are in competition Comparing it with the agreement on the right to rescind the difference in the application of the law,and then pointed out that the agreement on its exclusion should be effective in principle;finally,compared it with other types of contract on the arbitrary right to rescind,it points out their differences in legal basis and form of expression,and draws the conclusion that the current legislation is not enough to make an overall provision for the right of arbitrary rescission.The third part focuses on the exercise of the right to terminate the indefinite lease contract arbitrarily.First of all,as far as the subject of exercising the right of arbitrary rescission is concerned,on the basis of summing up the controversial points in academic circles,this paper introduces the relevant experience of extraterritorial legislation,and then discusses the inevitability of restricting the lessor from exercising the right of Arbitrary Rescission In the light of the reasonable period stipulated in the existing law,the author compares the experience of Foreign Legislation and sets the minimum period for the different forms of leased property,so as to solve the difficult problems in practice It was pointed out that the exercise of the right did not exclude the application of the objection system.The fourth part comprehensively analyzes the legal effect of the right to terminate indefinite lease contract arbitrarily.First of all,from the perspective of the retroactivity of contract rescission,it points out that indefinite lease contract should not have retroactivity after arbitrary rescission Finally,on the basis of the comparative analysis of the scope of damages in the relevant contracts,the author holds that the scope of compensation for damages caused by one party's exercise of the right of arbitrary rescission in the indefinite lease relationship should be limited to the performance of interests in principle,and can be reduced as appropriate according to the actual situation.