Legislative Research On The Right Of Arbitrary Termination In Flexible Leasing Contract

With the continuous development of the economy and the market, the leased property transactions have become increasingly common, as the type of representative of significance leasing contract- the flexible leasing contract, also appears here and there in the current trading market. Flexible leasing contractual disputes are very common in judicial practice, the right of terminating the flexible leasing contract always been the key issue in these contractual disputes from time to time. Arbitrary termination right is a legal right to terminate the contract, the law should take a serious attitude towards this legal right. However, Chinese "Contract Law" is still under development yet, many rules and codes need to be modified in order to keep up with current time. As a matter of fact, the laws also do not provide enough and sound codes for the right of arbitrary termination.What’s more, the rules and codes also lack of a clear restriction of the scope about associated legal issues such as the rights and obligations of both parties, the effects and the compensation. In the judicial practice, things always happen beyond the power of regulations of the enacted laws.Any departure from the contract terminating system in the presence of parties to the contract signed in an unstable state, is a certain degree of adherence to the principles of the contract and in order to maintain the validity of the contract, to encourage trading within the principle of contract law. However, the presence of any of the legal system has its legitimate place and basis in reality.In the contractual law system, only in the sub-rules of Chinese "Contract Law" has the relevant regulations, in which the requirements have been mentioned. For the arbitrary termination right in the flexible leasing contract, there are no sufficient legal provisions, conditions for its exercise, the scope of enactment, the scope of compensation. The laws also do not make a very clearly definitions, in the civil law practice, there have been many laws and regulations can not be completely solve many specific problems.This paper starts the research on the theoretical right to terminate the contract, in the discussion of the basis for its existence from the perspective of rationality and necessity, combined with our current legislation, the article describes the exercise of arbitrary termination. Chinese "Contract Law" General Rules had no provision for any right of cancellation, but it is mentioned in the corresponding sub-rules, all of this occasions do not cover up the core of the termination right, which is a legal right of cancellation properties. As a formation of the right, flexible leasing contract is also a proving of legal acts unilaterally. And from flexible leasing contract, in addition to the general obligations of the parties to the leasing contract require the burdens, but also there is a leasing contract from the general obligation of other special burdens. Thus, in developed countries and regions, on the basis of legislative practice regularly exercise the right to terminate the leasing contract at any predetermined reference, the paper continues to occasional right to terminate the lease contract any way the exercise was discussed, it elaborated on reasonable notice period in the housing leasing different effects and commercial real estate leases. By theoretical analysis, this article is going to determine the legal validity and scope of compensation occasional lifting of arbitrary leasing contract.On the base of telling the theoretical foundation of the legal scope of arbitrary termination right, together with the analysis of the relationship between two parties of the leasing contract, the article also points out the occasional situations, which is in current contractual terminating system, there is big possibility of the abuse of the power of terminating the contract. Therefore, whether it is a party to the contract is terminated, or be notified of the party to terminate the contract, due to the contractual cancellation will be subject to a number of different degrees. To make the occasional lifting of the arbitrary termination right in the flexible leasing contract, and to better play its due effect, also to protect the legitimate rights and interests of relevant legal parties bond by the contract, the paper also proposes suggestions to improve the current legal system from legislate and practical view.