Research On The Legal Effect Of Continuing Contract Dissolution Summary

Continuing contract is one of the main forms of the contract,and the content of the total payment of the contract is determined by the length of the payment time.Due to the characteristics of the continuing contract itself,this type of contract is different from the temporary contract in terms of the cause of termination and the legal effect caused by the termination.This difference is concentrated in the retrospective effect of the termination and the scope of damages.Determine and other aspects.This article uses research methods such as literature research,case research and comparative analysis to demonstrate.The full text is divided into four parts:The first part is the basis theory of continuing contracts.It discusses the concept,characteristics and classification of continuation contract,which pave the way for the theoretical basis for the last two parts of the thesis,namely the reason for the termination of the continuation contract and the legal effect of the termination of the continuation contract.The second part is the reason for the termination of the continuing contract.It separately discusses the reasons for arbitrary termination,non-arbitrary termination and agreement termination of continuing contracts.The discussion in this part is fully compared with the termination of temporary contracts,focusing on the arbitrary termination rights and their legal basis only applicable to continuing contracts.,At the same time,it analyzes the non-arbitrary right of cancellation in the continuation contract and the special features in the agreement cancellation.The third part is the legal effect of the termination of the continuing contract.Through the judicial practice in the relevant issues of the focus of the dispute,lead to the discussion.First,analyze the issue of the retroactive effect of the termination of the continuing contract and the issue of restitution,and conduct an in-depth study of the two typical classifications of the continuing contract,and analyze the exceptions at the same time;Second,discuss the simultaneous use of the continuing contract termination and damages,The subject and scope of damage compensation,introduce more typical relevant cases for research;Finally,briefly discuss other remedial measures after the termination of the continuing contract.