Research On The Norms Of The Right To Terminate At Any Time In The Second Paragraph Of Article 563 Of The Civil Code

The first chapter introduces the case,the court holds that the parties form an indefinite agency sales relationship,both parties can terminate the contract at any time,but should notify the other party before a reasonable period of time.At the time of the judgment,there was no clear legal basis to invoke.When the Civil Code came into force,paragraph 2 of Article 563 provides that "A party to an indefinite contract consisting of a continuing obligation may terminate the contract at any time,provided that notice is given to the other party before a reasonable period of time." General provisions for the right to terminate at any time.Based on the introduction of cases and the second paragraph of Article 563 of the Civil Code,the author raises two questions:(1)why does the court introduce the right of termination at any time in the case and not apply the existing norms of the right of rescission,why does the Civil Code add a general provision on the right to terminate at any time,that is,the legitimacy of the right to terminate at any time?(2)the right to terminate at any time is similar in appearance to the right to terminate at any time,but what is the characteristic of the right to terminate at any time,whether and how to distinguish it from the right of arbitrary recission.Based on the question,the second chapter studies the legitimacy of the right to terminate at any time.The indefinite continuation contract needs to be equipped with the right to terminate at any time,and the right to terminate at any time is beneficial to the protection of individual freedom,the exercise of rights does not harm the principle of reliance and the interests of time limit.The reasons for the grace period attached to the right to terminate at any time are as follows: to protect the parties’ reasonable trust in the continuation of the contract within a "Reasonable period",to maintain a certain degree of contract stability,and to embody the principle of good faith,so that the other party can deal with the aftermath within the grace period.The right to terminate at any time is a legal right of termination,which is not applicable to the duration of its existence because of its normative purpose,and is invalid because it involves the waiver of personal freedom interests.Grace period is a legal period,is the right to terminate at any time the general elements,but because the grace period generally only involves property interests,can be agreed by the parties.Termination at any time does not mean arbitrary termination,the exercise of the right of termination at any time by a party shall be based on the principle of good faith,the right of termination at any time shall not be abused to infringe upon the lawful rights and interests of others,and shall be based on the special need for the protection of the interests of a party,tilt protection should be considered in the application of the right to terminate at any time.The right to terminate at any time only applies to indefinite continuing contracts,whether single or double contracts,because both temporary contracts and fixed-term continuing contracts have a "Break",no analogy applies to the needs of the two types of contract mentioned above.Based on the legitimacy of the right to terminate at any time,the third chapter deals with the kernel of the right to terminate at any time.As a new norm,the second paragraph of Article 563 of the Civil Code has many ambiguities which need to be explained and applied.The right to terminate at any time has the character of "Timeliness" rather than "Immediacy",that is to say,the exercise of the right to terminate at any time does not need legal reasons,but the termination effect does not occur immediately,and only takes effect after a "Reasonable period",in order to avoid the loss of the other party’s interests.In order to balance the interests of the parties in the grace period,it is necessary for the judge to judge whether the relationship of rights and obligations changes during the grace period.The provisions of grace period in the current norms of the right to terminate at any time are not uniform and lack of legitimacy.As some special provisions have loopholes,they need to be filled before they can be applied.When the right to terminate at any time is exercised,the contract is automatically terminated when the notice reaches the opposite party and the grace period expires.When the right to terminate at any time is properly exercised,its consequences are not connected with the liability for compensation,but the rules of liability for compensation can be applied.Of course,one party has breached the contract before or during the grace period,and the liability for breach of contract will not be exempted from exercising the right to terminate at any time.If the right to terminate at any time is not properly exercised,that is,if notice is not given before a reasonable time,the legal consequence is that the effect of termination is extended beyond a reasonable time.Based on the legitimacy foundation and core of the right to terminate at any time,the fourth chapter of this paper deals with the external distinction between the right to terminate at any time and the right to terminate arbitrarily."The right to terminate at any time" and "The right to terminate arbitrarily" are different rights in justification,scope of application and structure of norms.The justification of the right to terminate at any time lies in the avoidance of permanent bondage,the exercise of the right does not harm the principle of reliance and the interests of time limit,and the scope of application is therefore limited to the indefinite continuing contract,the standard technique adopted is the use of grace period,and the consequence is not connected with the liability for compensation when it is properly exercised,while the justification of the right of arbitrary rescission derives from the special reasons of the typical contracts,which have more weight than the principle of strict observance of contracts,therefore,the right of cancellation can be used by the obligee to break the bond of the contract.This reason has nothing to do with the continuing contract,the fixed-term contract or the indefinite contract,however,it can only be applied in the contract stipulated by law,and the normative technology of the right of arbitrary rescission is to amend the loss caused by the opposite party through compensation for damage,without notice before a reasonable time.