The Study On The Dissolution Right Of Contract Of The Breaching Party

Whether the "party" enjoying the right to terminate the contract should include the breaching party has always been different in the theoretical circle."Affirmative theory",based on the efficiency and fairness of the contract,holds that the parties should include the breaching party;The negation theory,based on the analysis of the morality of the contract and the strict observance of the principle of the contract,maintains that the party is only the observant party.In judicial practice,some courts support the request of the breaching party to terminate the contract,while others hold that the breaching party has no right to terminate the contract,and the reasons for negation are different.Paragraph 2 of Article 580 of the Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code),which took effect in 2021,stipulates that a party may request a court to terminate a contract under special circumstances,explicitly supporting the affirmative statement.Since then,the breaching party’s right to terminate the contract has been successfully achieved,but the legislative orientation has not settled the academic controversy on this issue.The vitality of the system lies in its implementation.In order to make the system better applicable,it is necessary to clarify the disputes and provide a better understanding basis for the implementation of the system.Therefore,from the perspective of the Civil Code,from the perspective of theory,legislation and practice,this paper continues to demonstrate the legitimacy of the provisions on the termination right of the breaching party.At the same time,in order to avoid the instability in the judicial application process,the substantive conditions and procedural conditions on how to accurately understand and apply the rule are discussed in combination with the relevant provisions outside the territory.