Study On Legal Issues Of Continuous Contract

After the concept of continuous contract proposed by Gierke, scholars began to research anddiscussion, and raised their awareness, the basic theory of continuous contract developed in theGermany law. But our legislation doesn’t introduce the continuous contract and its related theory,scholars on the breadth and depth of their research is also very limited, present academia onlyfocuses on single aspect, such as the rescission validity of the continuous contract, the right ofdefense in the continuous contract. And also lack of systematic discussion on the article. So, theauthor takes continuous contract as the object of study, carding and analyzing the continuouscontract on the whole, intend to provide slender contribution to consummate the theory of thecontinuous contract. This thesis includes four chapters.Part one is focused on the concept of the continuous contract, and obtains the most scientificdefinition by means of analysis and comparison of a couple of scholar’s opinion on continuouscontract. Contrast the concepts of the long-term contract and the relational contract, and try toanalyse the continuous contract types. This is the premise of the theory study. Only by accuratelygrasping the meaning of continuous contract and its type, to have a deep understanding of thecontinuous contract, and its position and value in the basic theory of contract law clearly.Part two is the right of defense in the continuous contract. The right of defense particularity inthe continuous contract, this section focuses on the continuous contract to fulfill the right ofdefense, the right of defense of uncertain performance, and the right of limitation of action todefend. The relationship between the continuous contract and the right of defense, exist differencesin the theoretical circle, so we need to clear the relationship between them and their application. Atthe same time, it is also worth to research the starting point of the action in the continuous contract.Part three describes the system of termination of continuous contract. Start with thetermination of the legal basis of the system, analyzing and comparing with the relations betweenthe system of termination of continuous contract and the rescission of the contract, study differentnational specifications models at home and abroad. What are the reasons for termination of thecontract? Discuss the legal consequences of the termination of the contract. For some problemsboth in theory and in practice, to make the perfection of contract termination system better.Part four mainly expounds liability for breach of continuous contract. Facing cases ofbreaking continuous contract, how to achieve the contract purpose better? According tocharacteristics of continuous contract, through economic analysis, the author concludes patterns of default behavior and bearing forms of default liability as well as application, analysis of main onthe scope of compensation for contract, attempts to provide solutions to perfect the system ofliability for breaching continuous contract.