Study On The Rules Of Contract Termination For Defaulting Parties

Contract deadlock is a real phenomenon in judicial practice,and it is necessary to resolve it.Directly granting the breaching party the right to rescind the contract does not have the legitimacy of the value basis in contract law,and other systems such as change of circumstances cannot break the contract deadlock.Comparing the Anglo-American law system’s efficient breach of contract theory with the civil law system’s termination for major reasons The rules or the rules of automatic elimination of permanent obstacle contracts are not suitable for my country’s existing contract law system.In contrast,the judicial termination mode of French civil law is of great help to resolve the contract deadlock in our country.The reason why our country’s legislation chooses the breaching party’s contract termination rule as a solution to the contract deadlock is that the addition of this rule can fill the structural deficiencies existing in Article 110 of the original "Contract Law",so as to resolve the contract deadlock and unify judicial decisions.It can also correct the imbalance of interests of both parties,and has a unique and irreplaceable normative purpose and function compared to other systems.The breaching party’s contract rescission rule is a procedural right granted to the parties by the law.The subject of the right includes not only the breaching party,but also the contracting party.Its nature is to form a right of action,and the specific application must not only meet the actual performance exceptions in terms of substantive requirements.If the purpose of the contract cannot be achieved,an application must be filed with the court or arbitration institution,and the court or arbitration institution will make a review and judgment on the content of the contract and whether it can be rescinded.The breaching party shall compensate the non-compliance party for losses.Due to the specificity and high generality of the content of the rules,there may be some problems in the specific application,such as the location design violates the contract law system,the applicable contract type is not clear,the deadlock of the money debt contract cannot be resolved,and the effective time of contract termination is unclear.In order to better promote its application,the position of the rule system can be reasonably explained,the types of contracts that are applicable,the solution to the monetary and debt deadlock can be added,and the contract can be clearly defined.Specific improvements have been made in terms of the time point when the cancellation takes effect,and the procedurally following the litigation principle of ignoring the complaint.