Research On The Right To Cancel The Contract Of The Defaulting Party

The rescission of the contract is one of the reasons for the termination of the contract,and its purpose is to “break the contract deadlock”.However,the traditional contract law theory only gives the contract cancellation right to the observant party.This has caused such a situation in the judicial practice that it is difficult to solve,that is,the defaulting party wants to cancel the contract,and the observant party wants to continue the contract,but continues The cost of performing the performance far exceeds the benefits of the completion of the contract.It is difficult for judges to find corresponding clauses in the law to solve such problems,which has led to the emergence of “conflict referees” in judicial practice.Therefore,it is necessary for us to give the defaulting party the right to cancel the contract,but at the same time to limit it to avoid the right to become the basis for the contracting party to default on the pursuit of greater interests.The first part of this article is based on the case of the Supreme People's Court Gazette-"Xinyu Company v.Feng Yumei" as the entry point,and it is necessary to bring out the existence of the contractual right of the defaulting party.Through the summary analysis of typical cases in judicial practice,it is concluded that it is a realistic need to give the defaulting party the right to cancel the contract.The second part analyzes the legitimacy of the contractual right of the defaulting party.Actual implementation has its drawbacks and cannot be applied to all situations.Therefore,it is necessary to replace damages when actual performance cannot solve the problem.The efficiency breach theory provides theoretical support for the contractual party's right to cancel the contract.China's "Contract Law" also contains traces of efficiency value.The principles of freedom,fairness and justice of the contract require the right to terminate the contract to be given to the defaulting party.The function of the right of rescission is to liberate the parties to the contract from the rigid contract,so it is not necessary for the right of rescission to be exercised by the defaulting party.The third part elaborates the restrictions on the exercise of the contractual right of the breaching party,so as to avoid the right to become the supporting reason for the contractual parties to arbitrarily default.The main content of the fourth part is the consequences of the breach of contract by the defaulting party.The contractual right of the breaching party is terminated by the court in the contract of breach of contract.The court decides whether to terminate the contract according to the specific circumstances.The non-defaulting party shall terminate the contract after paying damages.The fifth part analyzes the legitimate path of the contractual right of the defaulting party in the current contract law system.It is concluded that the right to terminate the contract can not be given to the defaulting party through legal interpretation,and only through the continuation of the law can the effect be achieved.The final part is the conclusion part,summarizing the main points and conclusions of the article.