Research On The Legal Application Of The Right To Terminate The Contract Of The Breaching Party

The traditional theory of civil law holds that the right of rescission can only be exercised by the observant party.However,the emergence of the ’ Xinyu case ’ has triggered new thinking and heated discussions in the academic community once it has been judged,and the theoretical research on the right to rescind the breaching party has gradually increased.In judicial practice,the cases of breaching the contract are also increasing year by year.The academic disputes and practical needs make it necessary and valuable to study the legal application of the breaching party ’s right to terminate the contract.This article raises questions from judicial practice and triggers thinking about the application of the breaching party ’s right to rescind.Based on the connection and difference between the right of rescission of the breaching party and the right of rescission of the contract,it is clear that the nature of the right of rescission of the breaching party is to form the right of action.Its establishment is in line with the function and purpose of the termination of the contract in China,and also in line with the value judgment of China ’s civil law.This paper studies the legislative process of the breaching party ’s right of rescission,explores the interpretation path of the breaching party ’s right of rescission in the context of the civil code,including the expression of " party " in article 563 of the " civil code," which reserves the interpretation space for the breaching party to exercise the right of rescission;article 580 of the Civil Code gives the breaching party the right to terminate the contract and clarifies the applicable conditions;article 48 of " Nine Minutes " provides a reference for the application of the breaching party ’s right to terminate the contract in the era of civil code.On the basis of this theory,the applicable conditions of the breaching party are discussed,including the objective conditions of ’ failure to achieve the purpose of the contract ’,the value conditions of breach of contract value,and the applicable procedural analysis;at the same time,it demonstrates the specific circumstances in which the breaching party ’s right to terminate the contract cannot be applied from the opposite side,and strives to further clarify the boundaries of the legal application of the breaching party ’s right to terminate the contract.