Study On The Application Of The Rule Of Breaching Party’s Request For Termination Of Contractual Relationship

By clarifying the exclusionary elements of the objective performance claim,the breaching party can be judged whether it can break away from the constraints of the existing contractual relationship.At the same time,it should be recognized that monetary debt cannot be covered by Article 580 of the Civil Code due to its own characteristics.In practice,the principle of honesty and credit and the principle of fairness should be used as the basis for judging specific situations,and the objective state of contract performance should be used to determine whether the contract should continue to be performed.The relevant litigation of the breaching party requesting the termination of the contractual relationship shall be regarded as the formation litigation,which is different from the litigation of exercising the right of termination as the confirmation litigation,and the termination of the contractual relationship shall be supported when the breaching party requesting the judgment takes effect.Since the cause of liability for breach of contract is not the termination of contract but the occurrence of breach of contract,the existence of contractual relationship does not affect the undertaking of liability for breach of contract.Should follow the principle of full compensation to the other party to compensate actual loss and to benefit,and combined with case predictability rules shall be applicable to the specific situation of compensation to limit and reduce the damage rules,safeguard the interests of the observant party follow fair responsibility to balance the parties reasonable interests at the same time,should not make the breaching party for its breach.In order to protect the interests of the non-breaching party,strict restrictions shall be imposed on the procedures.The breaching party can only make a request through litigation or arbitration procedures and terminate the contract only after trial.In the applicable program,considering the reality and the efficiency of lawsuit,although should not be forced to make the interests of the parties to violate again representation obligation of not negotiate again,but still in the process of trial to the observant party cohabitancy can file a counterclaim or otherwise litigation,through mediation to guide the parties reach a consensus on the premise of autonomy,Give priority to the autonomy of both parties and settle the dispute once and for all.However,if the non-breaching party still does not make a clear claim after the interpretation,it should not break through the principle of non-ignoring and directly make a judgment on the assumption of liability for breach of contract.Instead,the parties shall judge the termination of the contractual relationship,and the parties may file a separate lawsuit for the recovery of liability for breach of contract.