On The Legal Regulation Of The Right To Arbitrarily Terminate The Contract

The right of arbitrary discharge of contract is basically distributed in the sub-rules of contract law,but it is not involved in the general provisions of contract law.The existing right of arbitrary discharge in the law basically confers the right of unilateral or bilateral parties to several kinds of special contracts.For example,there are provisions in the sub-rules of contract law,the contractor in the contract shall have the right of arbitrary discharge.Different from the general legal right of discharge and the right of discharge as agreed by the parties,the exercise of such discharge right does not require the other party to breach the contract first,and the obligee does not need special reasons to terminate the contract,but the loss of the other party generally needs to be compensated.And only a few special types of contracts and the parties to a particular contract enjoy this right.Benefit In view of the particularity of this right,and the focus of current research on this system is mainly on the sub-rules of the contract Law and a small number of well-known contracts,which is more fragmented and lacks a systematic and specialized discussion,this kind of situation is easy to be detrimental to both parties to the contract.There will be confusion and disputes in practice.At present,the scope of the analysis of arbitrary elimination right is also relatively narrow,and there are many problems in the practical application,which lack of targeted research.In view of this,it is necessary to do a separate,specialized study on arbitrary discharge.In this paper,the author has made a basic overview of the right to the right of dissolution,and mainly expounds some theories related to it,including the concept,the legal basis of the existence and the reason of the legitimacy,and compared with the general legal right to remove the right to know its uniqueness.By analyzing its characteristics,it can be found that it is similar in nature to the right of forming,and has its own uniqueness in the subject of rights and the exercise of its elements.The creation of arbitrary right of dissolution is the special value pursuit of the law,the legal basis of which is the efficiency value of law,the fair value,and the principle of the contract justice and the principle of good faith.In this paper,based on the difference of the contract type,the category division,the discussion and the classification of any right of dissolution are discussed.The nature and characteristics of the different kinds of right of dissolution are discussed in this paper.The focus of attention is the problem of the exercise,this article has done the analysis from the exercise of the procedure,the consequence and so on.After a basic understanding of the right to rescind the contract arbitrarily,the focus of this paper is on how to find and solve the problem.This paper tries to find out the existing problems of arbitrary discharge as far as possible in order to solve the problems in an all-round way.The main problems are as follows:deviating from some of the basic principles of contract law,the existing provisions on arbitrary discharge are imperfect,and there are problems in the exercise and compensation for damage.We hope that these problems can be solved one by one,and put forward targeted recommendations,that is,the legal regulation of the right of arbitrary removal.There is no denying that the right of any dissolution has its own value,and the relevant theory is perfected,and it is also of guiding significance to the practice.However,any system design is not perfect,and the present arbitrary right of right-to-right provisions still have the defects in some respects,and the further improvement of the theory and practice is needed.For example,the right of any dissolution is not detailed in the provisions of the provision,and the mode of exercise and the damages have no detailed and uniform standards.Therefore,further discussion and analysis is still needed.This inevitably involves the regulation of the right of arbitrary dissolution,which is also the top priority in this paper.The article mainly deals with the regulation of the right of arbitrary dissolution from three aspects:the prescription of law The regulation of the face,the regulation of the exercise and the regulation of the damages.The first step is to improve the relevant legal provisions,which is the foundation.There are differences in the types of the contract,and the main body,the way and the result of the right to remove the right are different,and the situation should be analyzed.In our view,it is the core that the focus needs to be regulated in terms of the link and the damage of the exercise of any right to release.For example,problems such as the time to be exercised,the manner in which the exercise is exercised,the procedure to be exercised,and the like are required.For example,in the case of damages,it is necessary to distinguish whether the contract is paid,whether the party is subjective or not,etc.based on such a way,it is expanded from these angles Analyze,find problems,and solve problems,and put forward their own opinions.There are many gaps in the overall study of this article.In the light of the domestic research,the current study of the right of arbitrary dissolution is more fragmented,and there is no systematic exposition.The majority of the research is focused on the right to any right of dissolution of a particular type of contract^and the lack of global awareness and analysis.In this paper,the foreign research situation is limited,and the relevant documents are difficult to collect,and the present situation of foreign research is not comprehensive,and it is limited in this respect.