On The Application Of Basic Principles Of Civil Law In Contractual Deadlock

Contractual deadlock is not a jurisprudential concept nor a legal concept.It is an objective reality.Due to its complex and diverse forms of disputes and people’s lack of understanding,the legal bases applied to the judge in judicial practice are different,which destroy the authority,seriousness and consistency of the law.At present,there are two main problems in solving the contractual deadlock: On the one hand,the existing legal rules are not enough to solve all the contract impasse and there are institutional difficulties in solving the contractual deadlock.On the other hand,under the absence of rules,basic principles should be applied to handle the contractual deadlock.However,the principles of good faith and fairness are abstract.At the judicial level,how to accurately apply the basic principles of each civil law and prevent the inconsistency of the judgment scale are also important problems to be solved.This paper first makes the theoretical analysis of the contract impasse and defines its connotation and essence.Additionally,it clarifies the subjective and objective reasons of the contract impasse.On this basis,it points out the institutional dilemma of breaking the contractual deadlock: the rules of force majeure,the rules of situation change and the application rules of Article 580,paragraph 2 of the Civil Code are not enough to solve the contractual deadlock,thus explaining the necessity of applying the basic principles of the Civil Code to break the contract deadlock.In addition,the system and theory of foreign contract deadlock provide reference for China.Secondly,in view of the abstraction of the basic principles,in the judgment of contractual deadlock disputes,the basic principles should be as specific as possible to provide standards for the application of different principles so as to prevent the abuse of the discretion of the judge.Specifically,when applying the full performance principle of the contract,the judge should consider the purpose of the contract,whether the debtor defaults maliciously and the creditor proposes high compensation schemes.When applying the principle of fairness,the judgment of fairness or not can draw lessons from the obviously unfair judgment standard in the rules of changing the situation,the identification standard of continuing to perform the high cost and the obvious unfair system.When applying the green principle,we should consider whether the waste of social resources can be avoided and the concept of saving litigation resources can be implemented.The judge deals with the cases by applying the basic principles of honesty and credit,fairness and green principles and the specific principle of full performance of the contract.Finally,the judge decides whether the contract is moving towards the fate of continuing performance or termination.Otherwise it will cause the softening of the civil law provisions and the escape to the general provisions,the judge can not directly apply the principle beyond the specific legal provisions at every turn.