An Empirical Analysis Of The Termination Of "Breach Of Contract" In The Housing Lease Contract

Whether the termination of breach of contract should be supported or not has aroused intense discussion in both theoretical and practical circles.The final judgment is also very different because of different trial factors when the case disputes are resolved.In recent years,with the continuous rise and development of various business models,opportunities and risks coexist,resulting in more and more disputes over the termination of housing lease contract.The Supreme People's court printed and distributed the minutes of the national court's civil and commercial trial work meeting(hereinafter referred to as the nine civil minutes),which also stated that in the process of performing some long-term contracts,such as the house lease contract,both parties formed a contract deadlock,and the defaulting party was not allowed to terminate the contract by way of prosecution,sometimes it was not good for both parties.According to the case retrieval,it is found that the number of cases that the defaulter claims to terminate the house lease contract due to the deadlock is increasing day by day,and there are great differences in the judgment basis and results of such cases in the judicial judgment.Starting from the specific cases of breaking the contract to terminate the house lease contract,this paper sums up the reasons and basis of various judgments that support and do not support the termination of the house lease contract.After summing up these data,the probability of supporting the termination of such cases is maintained at 60%-70% in five years,which shows that in the practical trial work,more courts believe that it is more scientific and reasonable to support the termination of such contracts.This paper holds that the breaching party should not be generally granted the right to terminate the contract,but in a case,if the house lease contract is objectively unable to perform the contract or the trust relationship between both parties of the contract is broken and still not allowed to terminate the contract,it will form a contract deadlock,which will not only be beneficial to both parties of the contract,but also lead to the waste of social resources.In the case trial,the court should give full consideration to the possibility of continuous performance,the balance of interests of both parties,the internal purpose of the contract,compensation for damages,protection of social resources and other factors.On the basis of full restraint of the defaulting party and full protection of the observant party,the court should make a judgment allowing individual cases to be dismissed,so as to better balance the interests of individuals and society,order and efficiency Value.In the dispute of rescission of "breach of contract" of housing lease contract,it should be allowed to rescind according to the case situation,which is not based on the right of rescission of contract of the defaulting party.This paper aims to provide theoretical basis for the legitimate cause of rescission of such cases and build a settlement mechanism.This paper is mainly divided into three parts.In the first part,the author searches the cases of "breach of contract" to terminate the housing lease contract,forms a sample database,then summarizes and analyzes the samples in the sample database,and clarifies the current court's attitude and trend towards such unilateral termination of the housing lease contract.In the second part,the author analyzes the theoretical basis and legitimacy of the termination of the housing lease contract according to the particularity of the housing lease contract and the risk of commercial operation.In the third part,the author holds a positive attitude to support the termination of this kind of housing lease contract,but it should have strict restrictions,including the application of the law,the behavior mode of the parties to terminate the contract and the compensation that the parties to the contract should receive.It is of great significance for the stable development of the market economy and the maintenance of the legitimate rights and interests of both parties to the contract to effectively solve the problem of the termination of the breach of the housing lease contract.It is necessary to clarify the standards for the termination of specific cases and the compensation rules for the observant party as soon as possible,so as to achieve the purpose of solving such problems efficiently and qualitatively.