Study On Judicial Termination Of Contractual Relationship

In the process of contract performance due to various factors such as law or fact,failure to continue to perform the contract or compulsory performance of the contract will seriously damage the interests of one party to the contract,as well as cause a waste of resources and low social and economic efficiency.In order to solve this kind of contract deadlock,the judicial termination system of contractual relationship is stipulated in Article 580 of the Civil Code of China.Contract relationship judicial termination system comes from the word "civil code" is adopted in article 580 "the people’s court or arbitration institution to terminate the contract rights and obligations relations",the claim and arbitration institutions in the academic circle is also known as "quasi-judicial",and the academic circles has the word "judicial termination",in this paper will be summarized as "civil code" article 580 of the contract system of judicial end.Contract relationship judicial end system is "civil code" as a key initiative of break contract deadlock,but the system as a new system,in the law educational world point of view is not unified,applicable conditions,for example,the article about the three types of exceptions to continue to perform in identifying and purpose "contract" and so on all has the different standards,There are also different views on the subjective attitude of the executor of the judicial termination system of contractual relationship.Some scholars also put forward that it is unnecessary to establish the judicial termination system of contractual relationship by drawing lessons from foreign countries to solve the problem of contractual deadlock.The disputes on the judicial termination system of contractual relationship will affect the application of the system in judicial practice and thus affect the solution of the contract deadlock.In order to unify the understanding of the judicial termination system of contractual relationship,this paper makes a detailed analysis of the judicial termination system of contractual relationship established in the Civil Code of China.This paper studies the judicial termination of contractual relationship through five parts.The first part analyzes the legal application of the contract deadlock in the judicial practice of our country is very chaotic.The judicial termination system of contractual relationship can properly solve the confusion of the application of law and reduce the adverse effects brought by the confusion of the application of law.At the same time,the judicial termination system of contractual relationship also has the value of efficiency,the principle of good faith,the principle of fairness,the "derogation rule" and other theoretical bases.The second part through the analysis of the civil law countries and common law countries,the regulation of international treaty about contract deadlock path and contract relationship between the judicial system in our country,demonstrated that the terminated contract relationship in our country judicial system and outside related regulation path is not the same,which will be the relevant regulation path suitable for China’s judicial practice outside of.Third part contrast "compiling civil contract" the first and second review and summary of the "nine people" about the provisions of the contract the deadlock solutions,it is concluded that the legislature to unify the contract deadlock break the terms of the applicable conditions and reduce disputes,on the basis of the "contract law" article110 formulated the "civil code" article 580 of the contract relationship between the judicial system of termination.At the same time,this part analyzes that the judicial termination system of contractual relationship is different from the legal termination system,so the breaching party cannot be given the legal termination right to solve the contract deadlock.The fourth part points out the identification criteria of the three exceptional cases of the continued performance of the contract,and the identification of the "purpose of the contract" should be divided into subjective purpose,objective purpose,general purpose and special purpose.At the same time,this part also points out that the non-breaching party does not constitute the abuse of rights when applying the judicial termination system of contractual relationship,but violates the principle of good faith and the principle of fairness,and the breaching party should not have the situation of malicious breach.The fifth part points out that in the system of judicial termination of contractual relationship,the liability for breach of contract should be borne by the breaching party only includes liquidated damages and damages.The scope of compensation for damages should conform to the principle of full compensation and foreseeability as well as the "derogation rule".The paper also puts forward that the scope of compensation for damages of the breaching party in the contract impasse should not include the performance benefit.