On The Defaulting Party The Right To Terminate The Contract

"Contract Law" Article 93, Article 94 right to terminate the contract made the corresponding provisions of the parties to exercise their right to terminate the contract of legal basis. However, in this provision, there is a law in the interpretation of the article "right of cancellation" and "party" and other key concepts, a sense of ambiguity, the direct consequences thereof are:the right to exercise the right to terminate the contract on the subject of interpretation on there is considerable controversy. The mainstream view is that the right to rescind the contract only one party is entitled to exercise compliance, the defaulting party in advance of its breach shall enjoy and exercise the right to rescind the contract. In this paper, the principle of balance of interests, profit and loss sharing principle, the social cost control theory point of view, demonstrate under certain restrictions, giving the defaulting party the right to terminate the contract of legitimacy and rationality. Defaulting party the right to terminate the contract within a given range of a certain authority, in favor of social resources to maximize the use of resources and ensure the realization of social values, it is conducive to the legal system of this set of universal justice, justice specific cases, nor is the rapid economic modern social development and efficiency, the pursuit of justice embodied a reasonable value. This paper is divided into four sections:The first chapter, the author introduces a real legacy-support agreement case describes the current theory on the enjoyment of the right to terminate the contract in the relevant laws and regulations, "party", "right of cancellation" and two controversial views, as well as in the courts of justice several such cases to make the trial results. While the traditional practice of operation, only three observant enjoy the right to terminate the contract of the defects and shortcomings detailed summary and analysis.The second chapter of the first part, the author proposes a strictly limited, given the defaulting party endorsed the right to terminate the contract five preconditions which the author discusses in detail the content of the contract to perform non-monetary obligations this situation; the second part, the contents of this section on the performance of the contract content type of the sorting process. By introducing the last two years the courts throughout the country to enjoy whether the defaulting party the right to terminate the contract on the basis of the trial, the trial results of real cases of bequests support agreement, lease contracts, sales agreements, contracts; insurance contracts in breach of relevant laws and regulations of the party lifted right, network sales contract defaulting party the right to terminate the like type of analysis.The third chapter, by drawing on existing legal principles of China’s conditions, namely in the Theory of Law and Economics and the principle of balance the interests of the social costs of control theory, the defaulting party to terminate the contract of rationality to analyze argumentation.The fourth chapter, according to China’s existing legal system, bedding and Its Implications for the defaulting party the right to terminate the contract established, proved that under certain restrictions, enjoy the defaulting party the right to terminate the contract with China’s existing laws do not conflict.Conclusion mainly introduces the theory of justice practitioners, especially the "Supreme People’s Court Gazette", confirmation of the defaulting party the right to terminate the contract, the more proof given the defaulting party the right to terminate the contract as well as the legitimacy and rationality of the defaulting party the right to terminate the contract prospect.