| The theoretical and practical circles have different views on whether the breaching party have the right to terminate the contract.In practice,There are a large number of different cases in the same case in contract disputes where one party violates the contract,and because this involves a challenge to traditional theories,the basis for affirming that the breaching party has the right to terminate the contract is also inconsistent in the practical world.In the case of inability to actually perform the contract,if the nondefaulting party does not exercise the right to terminate the contract,a contract deadlock will be formed.Granting the defaulting party the right to terminate the contract can break the contract deadlock and restore the deadlocked contract to a free state so that resources can be reinvested in new trading activities.The breaching party’s right to rescind the contract has its legal basis.It should be recognized that the breaching party has the right to terminate the contract and at the same time impose strict restrictions on its exercise.On this basis,the breaching party can terminate the contract by way of notice according to its right to terminate the contract.A fixed-term house lease contract is a typical continuing contract.In the case that the lessee is expected to violate the contract,the lessee can be allowed to terminate the contract by notice,thereby breaking the deadlock in the lease contract and optimizing the distribution of social resources.This article is mainly written in the following way.The first part,Through the case published in the Supreme People’s Court Bulletin,the issue of the right of the breaching party to terminate the contract was raised,and then the trial situation of this issue in the housing lease contract dispute was analyzed and summarized.It turns out that in judicial practice,some cases have confirmed the right of the breaching party to terminate the contract.However,due to the lack of clear legal guidelines,different judgments exist in different cases of the same type.The second part discusses the theoretical basis of the breaching party’s right to terminate the contract in the house lease contract.The actual performance restriction requires the termination of the contract.Affirm that the breaching party’s right to terminate the contract does not violate the principle of strict compliance with the contract.It embodies the substantive freedom,equality,honesty and trustworthiness,and efficiency values of the contract.The third part introduces the essentials and methods for the breaching party to exercise the right to terminate the contract.First of all,it is recognized that the breaching party has the right to terminate the contract,and the conditions for exercising must be strictly restricted,including: there is no way to continue the performance of the contract,the purpose of the contract cannot be achieved,the non-defaulting party does not terminate the contract,continuing to maintain the validity of the contract is unfair to the breaching party,and full compensation to the non-defaulting party.Secondly,the breaching party can terminate the contract through notice,which is more effective than the termination through litigation,and it can also save the judicial authority from the risk of liability.Finally,it introduces the particularity of the termination of the fixed-term house lease contract and the conditions for the tenant to exercise the right of termination when the lessee is expected to breach the contract.The right of the breaching party to terminate the contract is not only a need for social and economic activities,but also a response to the problem in judicial practice.This system has positive significance for improving the efficiency of the entire economy,and can also provide guidance for judicial practice. |
