Study On The Termination Of Continuous Contract

In today’s society, data explosion and difficulty of information filtering, make the trust relationship between people more and more difficult to establish.Once establishing a strong trust relationship, they also don’t want to leave this recognition.Continuous contract develop rapidly unde this historical background.In addition to some inherent continuous contracts, such as lease contract, the partnership contract, agency contract are everywhere in life, some new continuous contracts such as franchise contract flourish, the species of continuous contract get more rich. This thesis analyzes about the rescission institution of continuous contract with a case of housing lease contract dispute between Huahai company and Yigao company.Part One:On the premise of comparative analysis on the Scholars’ point of view, this paper trys to give definition, summarizes to three basic features, and divides them into inherent continuous contract and successive-supply contract. The termination of the continuous contract are mainly special in the reason, exertion of the right of rescission and legal effect of cancellation three aspects.Part Two:The specificity of dissolution reason mainly refers to the particularities of legal termination reason.Combining with its characteristics, this text analyses that our country’s current contract law about the situation changes, unassured pleadings, and breach of the collateral obligation are not fully applicable to continuous contract.Part Three:In terms of termination right exercise, continuous contract put forward higher requirements than the present contract on the body and the way of its exercise.Part Four:On the legal effect of rescission,this article adopts the viewpoint of liquidation relationship and analyses theory viewpoint and applicable situation of ability in restitution in continuous contract.Continuous contract’s features make it available to calculate the acquirable interest of compensation for damages and what should be paid attention to the problem when the judges determine and distribute damage compensation among two parties are discussed in details.