The Study On The Conditions Of Rescission Of Continuous Contract

With the development of contract modernization,more and more long-term contract are widely used in commercial and civilian transactions.In this context,the judicial practice of the request to terminate the continuing contract of increasing cases.Whether the courts at all levels decide to terminate the continuing contract depends entirely on whether the case meets the conditions for termination,the condition of termination includes three aspects:the subject exercising the right of termination,the cause of termination and the procedure of termination.However,China's contract law system is built on the theoretical basis of a real-time contract,the conditions for the termination of continuing contract are very vague and lacking,and the court's judgment results frequently cause disputes in the courts at all levels and the parties to the transaction.Long-term contract as a typical transaction mode,the security and stability of long-term contract is directly related to the stability and healthy development of economic order.Therefore,it is of far-reaching significance to improve the conditions for the rescission of long-term contract,not only to maintain the credibility and authority of justice,but also to maintain the order of market transactions and maintain stability.Apart from the introduction and conclusion,this paper is divided into four parts.The first part is an overview of the termination theory of continuing contract.In the civil law system,countries represented by German law refer to the rescission of continuing contracts as contract termination,while countries represented by Japanese law refer to the rescission of continuing contracts as contract rescission.Our country belongs to the latter.Although the countries of the civil law system are distinguished,there is no difference in essence between the rescission and termination of the continuance contract.Specific performance in:continue to lift is classified into special termination of contract with normal termination,sexual contract terminate the concept aims to maintain stability and continue to seek a balance with the yoke of the contract.The second part is to analyze the current situation and problems of the rescission condition of the continuing contract in China.In terms of legislation,China's existing conditions for the rescission of continuing contracts are generally vague or even lacking.In the judicial field,judges at all levels have different requirements for the rescission of continuing contracts,especially the new type of continuing contracts and the irregular continuing contracts,which leads to the alienation of the application of law,and the creative rescission of continuing contracts occasionally occurs.At the same time,the parties to the judgment of the outcome of the dispute.Combined with these facts,it can be found that the existing conditions for rescission of continuance contracts cannot terminate all continuance contracts in judicial practice,especially those in the state of contract deadlock.The third part is to analyze the remove condition of the long-term contract in the comparative law.The German law clearly stipulates the termination conditions of the continuance contract,and according to whether the termination of the continuance contract needs to be terminated,it is divided into special termination and ordinary termination.Different from the German law,the Japanese law is similar to the Chinese law,and the termination conditions of the continuing contract are relatively vague.However,Japanese law developed the "law of breach of trust relationship" in combination with precedents and doctrines,and supplemented the termination conditions of continuing contracts.Nevertheless,in order to terminate the continuing contract between Germany and Japan,both the substantive conditions of major or unavoidable causes and the procedural conditions of demand should be satisfied.The fourth part is the consummation of the rescission condition of our continuing contract.The notice termination condition of indefinite continuance contract added in the draft civil code is different from the arbitrary termination condition in theory,which is embodied in two aspects:the scope of application and the procedure condition of termination.The conditions for the termination of indefinite continuance contract in advance notice shall be further explained in the application of law.At the same time,the termination conditions of the continuing contract can be improved by amending the termination conditions of the special termination in the German law,or supplemented by analogy applying to the special causes in the custody contract in China.In addition,we should carry on the limitation to the special continuance contract to remove the condition,for example:the lessor of irregular lease contract removes the contract to want certain reason.