Miss.Li V. Petro China Company Lease Contract Study On Dispute Resolution Cases

Contract dissolution dispute is one of the more common dispute types in contract dispute.With the rapid development of Chinas economy,various interest disputes between civil subjects have emerged constantly,resulting in many novel and complex disputes over the dissolution of contracts.In the present case,Miss.Li signed a gas station lease contract with a certain PetroChina company,and then issued a "notice of rectification within a time limit" to a certain PetroChina company because of a certain district commercial bureau.According to the notice on speeding up the improvement of oil and gas recovery,oil and gas recovery is required to be reformed at the gas station,while a certain oil and gas company of PetroChina has not carried out the oil and gas recovery transformation according to the time stipulated in the notice,so as to make Miss.Li demand the termination of the contract.The focus of the dispute in this case is: the dispute between the notice of rectification within the time limit and the legal discharge conditions of the case,whether the terms of the right of arbitrary discharge under the contract agreement constitute the termination clause of the contract agreement,and whether the lease contract in this case is valid or not.Based on the three controversial focus of the case,this paper makes an in-depth analysis of the reasons and basis for the court's first and second trial judgments,and combines with legal theory,and draws the conclusion that the application conditions of force majeure in the notice of rectification within a specified time limit,the arbitrary termination clause stipulated in the contract should be regarded as invalid and the contract without right to dispose is valid.At the same time,this paper clarifies the existing laws and regulations and judicial interpretation of such disputes when there is a vague understanding.Then,according to the above problems,this paper suggests that the legislature or the Supreme Court should regulate in detail the scope and conditions of force majeure and arbitrary right of rescission by amending the law or judicial interpretation,and further improve and perfect the object,scope and content of judicial interpretation of the validity of the contract of unauthorized disposition.