Statutory Contract To Lift The Subject Of Study

Concerning the cause of discharging contract,our Contractual Law has used those law principles for reference that has been established by the two fundamental legal systems and by the Convention on Contracts for the International Sale of Goods and the International Rules for the Commercial contracts, that is pure wrong is not the main cause of discharging contract and the severity of result caused by civil wrong is the basic reason, while the severity of result is based on whether the purpose of contract can be reached or not. It embody in that the law contains anticipatory breach and fundamental breach of contracts in the causes of discharging contract. Nevertheless, the provision of our law still has a lot of blemishs. Among them, this paper discusses in detail two points, thinking that: the result caused by unavoidable accident should be dealt with by the rule of risk burden and principle of changed circumstances ,not by the system of discharging contract ,and the system of anticipatory breach needs to be perfected further. The following three parts constitute the dissertation:The first part: the research of the fundamental questions about the cause of discharging contract. Firstly, the conception and feature of discharging contract is discussed in this article. There are three main features about the cause of discharging contracts: the cause is legislated by law, not agreement between the parties concerned; the party who holds the right of discharging puts forward to discharging a contract at will; exertion of the right of discharging is necessary to discharge a contract.Then basing on this analysis the author concludes the necessarily considering points when deciding the cause of discharging contract.The second part: a comparative research of the legislation about the cause of discharging contract between the two fundamental...