On Legal Results Of The Contract Termination

The system of contract termination would be the important one in the area of contract law that the crucial value is to protect the parts'self-benefits effectively and maintain and safeguard the normal exchanging safety. At present in judicial practice, the uniform standard could hard be found about the relative questions and it would be difficult to handle, especially the legal results of the contract termination. And the author based on the practices of the Contract Law of China and the relative judicial interpretation by the own works and thoughts combing with the focuses brought in this context to make the systematic analysis and research over the legal results of contract termination and the according legal problems and the own opinions.The whole text is divided into three parts about 19 thousand words except for the introduction and conclusion.Part one is to introduce the fact about the complaint's demand of termination in the coral transaction disputes by the relative legal issues. This case focuses over the legal results solving by the termination which is including the legal procedures and the substantive laws inferring the restoring the same condition that whether could be beyond the demands of the complaint at the point of termination, the part could put the suit directly based on termination and the question about the detail definition of the restoring and so on.Part two is to elaborate the theoretical bases and the practical decision base on the pondering above. Firstly, the basic concept is discussed which emphasize the respect and protection of the part's free will in the termination in order to realize the value of fair and justice. Procedures in the case of focus, the termination of the contract in the Magistrates Court after restitution to respect the right to dispose of the parties, the judge dealing with the scope of restitution is beyond the scope of the parties appeal several issues need to distinguish and judge, when the draw distinction between treatment and then make the appropriate conclusions. At the same time, the parties sued directly to request termination of the contract there is certain rationality, is not inconsistent with existing law. In the case of the relevant substantive law issues, whether the restitution of justice should be followed to determine the basic requirements of fair and reasonable to have a realistic possibility. After termination of the contract the scope of damages for loss of interest must include the trust, and loss of possible benefits, as the defaulting party shall be in breach of the existence of clear distinction between subjective and fault treatment.Part three is to analyze the common problems about the contract termination in judicial practices, Dissent in the right of cancellation, if the lift when the relative has received notice of confirmation has not sued but the direct effect of prosecution for the lifting of parties continue to perform such contract or breach of contract claim, the court should be based on the content of the plaintiff's claims of discrimination, can be straight or on the parties to confirm the effectiveness of Interpretation. While the current rules there are certain objections to the exercise of legislative power deficiencies, the proposed legislative changes required the termination right to terminate the contract by way of prosecution. In addition, after termination of the contract provisions related to breach of contract terms can be applied should be based on the nature of the terms of the settlement to clear whether the consolidated judgments.