Research On The Right Of The Breaching Party To Terminate The Contrac

With the rapid development of market economy,the problem of contract deadlock has become increasingly prominent.Article 580 of the Civil Code formally establishes the contract rescission rules for the defaulting party,endows the defaulting party with the right to apply for judicial rescission,and plays an important role in preventing the observant party from maliciously using its dominant position to damage the rights and interests of the defaulting party.However,there are still many doubts about the rationality of the contract rescission rule of the defaulting party in the academic circle,which mainly include the unclear nature of the rights of the system,the substitutability of its functions,the lack of uniform standards or provisions in judicial practice,the unclear identification of the constituent elements,and the difficulty in allocating the liability for breach of contract after the contract is rescinded.For this reason,this article,centering on Article 580 of the Civil Code,further discusses the rationality of the existence of the system from the four aspects of the basic theory,judicial application difficulties,constitutive requirements and legal effects of the contract rescission rules of the defaulting party,and clarifies the relevant provisions that need to be referred to,so as to help solve the problems such as the different identification standards in judicial practice and the difficulty in the distribution of liability for breach of contract.In addition,through comparative analysis with relevant systems,the specific application conditions of the contract rescission rules of the defaulting party are clarified,so as to strengthen the connection between systems and straighten out the system operation mechanism.To achieve the objectives of defining the scope of application of the system,uniformly implementing the identification standards,and defining the distribution of responsibilities after the termination of the contract,so as to finally realize the orderly development of the proceedings.Specifically,the first part of this article is the basic theory,which discusses the nature and necessity of the system and its relationship with other systems.The nature of the right to rescind the contract of the defaulting party and its relationship with the change of circumstances,the right to rescind at will and the rules of compulsory contracting are emphatically analyzed.It is clear that the right to rescind the contract of the defaulting party,as a special judicial right to rescind the contract,has similarities and differences with the change of circumstances,the right to rescind at will and the mandatory contracting rules,which jointly maintain the stability of the contract and the security of the transaction.The second part starts from the dilemma of judicial application,focusing on the identification of the applicable conditions of the rule and the connection with other procedural rules.The specific performance is the confusion of application conditions,the poor connection of litigation procedures,and the unclear subject of litigation costs.The third part discusses the first and second paragraphs of Article 580 of the Civil Code from the perspective of the constituent elements.In terms of applicable conditions,it is judged that the party cannot perform in fact or in law,is not applicable to compulsory performance or the cost of performance is too high,fails to perform within a reasonable period of time,cannot achieve the purpose of the contract,and the defaulting party shall not deliberately breach the contract and bear the main responsibility.In terms of the system purpose,the consideration direction is to amend the principle of strict adherence to the contract,avoid the malicious contribution of the observant party to the contract deadlock,and meet the needs of judicial practice.The fourth part focuses on the legal effect after the termination of the contract,clarifies the litigation procedure that should be applied to this rule after the termination of the contract,takes the damage filling rule as the determination standard of the scope of compensation,adopts the reasonable and definite proof standard on the issue of the amount of compensation,and scientifically limits the scope of damage compensation with the rules of derogation,offset of profits and losses and offset of negligence.