The Empirical Research On The Rules For Termination Of Contract By The Defaulting Party

Article 580 of the Civil Code,which provides for the rule of termination of contract by the defaulting party,gives the defaulting party the right to judicially terminate the contract,prompting the parties to the contract to extricate themselves from a contractual relationship that is difficult to continue to perform,which is of great significance in breaking the contractual deadlock between the parties.Based on the empirical research method,statistical analysis of my country’s referee is carried out.By screening 421 referee instruments,the number of cases of default in my country will show a fluctuating increasing trend,and found that there is a judge to apply legal norms,breach of contract.Party to disqualify the need for the contract and the problem of damage to compensation,etc.Therefore,it should be clear that the requirements of Article 580 of the Civil Code shall define the contract type as the contract of non-money debt.If there is no malicious breach of contract,the default party is unable to consider the principle of honesty and credit,and the contract is unable to achieve simultaneous default.Parts should apply for litigation or application for arbitration,and the contract will be presumed to compensate for the losses of the depositor.