Research On Contract Cancellation In Contract Deadlock

Contract deadlock is a new situation and problem in judicial practice.It leads to the decrease of transaction efficiency and the waste of social resources.Breaking the contract deadlock is of great significance to free both parties from the binding force of the contract and improve the utilization rate of resources.The second paragraph of article 580 of the civil code of our country determines the path choice of breaking the contract deadlock judicial dissolution.This design is a bold innovation different from other countries in our country.Its legislative purpose is to extricate both parties in the contract deadlock and solve the problem of imbalance of interests of both parties,so as to make up for the loopholes in the legal dissolution of the contract.Although the Civil Code stipulates that both parties can apply to the court or arbitration institution to terminate the contract in the deadlock of the contract,there are no provisions on which circumstances the deadlock of the contract is applicable to the provisions of the clause,how to confirm the constituent elements of the termination of the contract in the deadlock of the contract,and how to determine the damages after the termination of the contract.Through the summary of judicial practice cases and the analysis of scholars' views,the author believes that firstly,the constitutive elements of contract deadlock should include two aspects: the failure to achieve the purpose of the contract and the nonbreaching party's refusal to terminate the contract It is more reasonable and feasible to consider the extent of the party's breach of contract when the purpose is not achieved;Secondly,the civil code does not make specific provisions on what elements the court can decide to terminate the contract in case of contract deadlock.According to the provisions and analysis of the "nine minutes of the People's Republic of China" and scholars' provisions on the elements of confirming the termination of the contract in the contract deadlock,the author believes that confirming the termination of the contract should be in line with the non-malicious breach of contract by the breaching party,the obvious unfairness of the breaching party's continued performance If the nonbreaching party refuses to terminate the contract,which violates the principle of good faith and the parties voluntarily apply,the court may allow the termination of the contract under the above conditions;Finally,the contract deadlock is a special case of termination after the court hearing,so the compensation for losses after the termination of the contract also has certain particularity.Therefore,in judicial practice,the scope of compensation for damages can be determined through the combination of civil law and the specific analysis of specific cases,so as to protect the interests of both parties.