On The Right To Terminate The Fixed-term Lease Contract Based On The Destruction Of The Trust Relationship

In the legal relationship of leasing,Article 563 of my country’s Civil Code adds an arbitrary termination rule for irregular continuing contracts on the basis of Article 94 of the Contract Law.The purpose is to give the parties the freedom from permanent contractual constraints.right.In terms of specific contracts,Article 730 of the Civil Code continues the practice of Article 232 of the Contract Law.For non-fixed-term lease contracts,both parties can arbitrarily terminate the lease,subject to a reasonable period of time.What period is reasonable,the Civil Code does not provide for it.In addition,the "Civil Code" does not mention whether the term lease contract is subject to arbitrary termination rules,but it is still possible to explore academically,and whether relevant cases in judicial practice can be considered from different angles,it is also worthy of in-depth study.However,the arbitrary termination of fixedterm lease contracts has certain obstacles to practice under the current laws of our country.Therefore,is there a way to skillfully handle the arbitrary termination of fixed-term lease contracts under the existing laws and regulations,which provides a new way for judicial practice to handle related cases? This is the focus of this article.This article studies the issue of the right to rescind the lease contract from the following parts.First of all,the Ssangyong Company and Minsheng Bank introduced the contract deadlock that easily occurred in the fixed-term lease contract,and explored the lack of norms that can be used to solve this problem under the current legal system of our country.Furthermore,explore the possibility of applying rules to resolve the deadlock problem of fixed-term contracts in the current law,such as changes of circumstances,the right to rescind the defaulting party,etc.,and whether the corresponding constituent elements can be matched with the deadlock of fixed-term lease contracts.Based on our country’s existing concrete continuity contracts,the common legal principles behind the arbitrary termination rules of various types of contracts are found,and the general rules for solving the problems can be applied to fixed-term lease contracts by analogy.At the same time,with reference to foreign legislation and the ideas for solving the same problem,through the development path of the "significant cause termination system" in German law,it inspires the idea of resolving the arbitrary termination of the lease contract in our country’s legislation and practice.Furthermore,taking into account the predicament of the implementation of the rule of arbitrary revocation of fixed-term lease relations in our country,we have tried to reform the major cause system to make it feasible to apply to judicial practice.The last part clarifies the relationship between the arbitrary termination of the fixed-term lease contract and the compensation for damages,that is,the right to terminate the contract shall bear the responsibility for the termination of the contract,mainly the liability for damages.Based on different theories,explore the most reasonable range of liability that is suitable for the arbitrarily terminated fixed-term lease.