Study Of The Defaulting Party’s Right To Rescind The Contract

The enactment of the Civil Code incorporates the right to rescind the contract of the defaulting party into the Civil Code,filling the long-standing problem that the original Contract Law could not break the deadlock of the contract,which is a significant legislative innovation.The right to release the defaulting party from the contract is conducive to breaking the deadlock of the contract,helping the parties to get rid of the deadlock of the contract and return to the market transaction,and helping to speed up the operation of the market economy.As a new provision of the Civil Code,the right to release the defaulting party from the contract is inextricably linked to the impasse of the contract.In this thesis,we define the right of breach of contract and its related concepts,and divide the right of breach of contract into four parts to explore the most reasonable way to apply the rules of the right of breach of contract.The first part is an overview of the theory of the defaulting party’s contractual right to rescind.Starting from the clarification of the concept of contract impasse,the various doctrines of the defaulting party’s contract release are taken as the lineage,and the theory of the defaulting party’s contract release can delicately crack the problem of contract impasse from the perspective of the theory,and the rationality of the defaulting party’s contract release is elaborated to provide support for exploring the defaulting party’s contract release system in the context of the Civil Code.Part II provides an understanding of the defaulting party’s contractual right to rescind in the context of the Civil Code.It discusses the conclusion that the Civil Code gives the defaulting party the right to rescind the contract from the perspectives of the nature of the right and the subject,defines the nature of the defaulting party’s right to rescind the contract,and discusses that Article 580 has the uniqueness to break the contract impasse in the context of the Civil Code.The third part,by sorting out and analyzing the relevant cases in judicial practice,points out that the nature of the right to rescind the contract of the defaulting party,the restricted scope of application and the unclear conditions of application exist in judicial practice,and provides a problematic orientation for exploring the reasonable application of the right to rescind the contract of the defaulting party.In the fourth part,we analyze the above problems of the application of the defaulting party’s right to rescind contracts in judicial practice,and propose reasonable suggestions for its application under the framework of the Civil Code by analyzing the comparative law experience and combining the current situation of judicial practice in China’s market economy,the restricted scope of application,unclear conditions of application,applicable procedures and responsibilities,and the use of time.