A Study On The Rescission Of Contract By The Defaulting Party

In the exclusion of conventions,agreements,can not change the termination of the contract under the situation of resistance and the situation.the current legislative,judicial and academic circles usually believe that the breaching party does not enjoy the right to terminate the contract,but now this view has been increasingly unable to meet the needs of the community."FengYumei Xinyu Co.v.shops contract dispute in the case,the court ruled in favor of the defaulting party for the cancellation of contract demands,essentially gives the defaulting party the right to terminate the contract,which is a departure from the traditional theory,but it can really solve the contract disputes,to save social resources and play a role in achieving efficiency,which cause us to think,breach of contract we have the right to terminate the contract?There is little research on the right to terminate the contract of breach of contract.This is the original intention of the author to write this thesis.On the basis of the current law,the breaching party can not fulfill the legal right to terminate the contract,so that the transaction is deadlocked.In this regard,I believe that the breach of contract can enjoy the right to terminate the contract under certain circumstances.This paper is divided into the following sections:The first part mainly discusses the breaching party contract rescission of the legislative and judicial status quo,with the judicial cases lead to breach of contract rescission of this problem,the description of the problem to explore is a legal theory and practical value.The second part mainly discusses the method of visual field outside of the breaching party rescission of the contract,this part is mainly based on the theory of efficient breach on outside the problem of the party in breach of contract termination right under the method discussed in this paper.The third part of the thesis mainly discusses the nature and scope of the right to terminate the contract.As the breach of contract has its particularity,it is very important to define its nature and scope.The fourth part mainly discusses the necessity and legitimacy of the termination of the contract of the contract.The part of the right to termination of the contract from the breaching party can make up for the actual performance of the system defects,to achieve social and economic efficiency and balance the interests of contract parties to demonstrate the necessity of to set up the right to a specific context.This paper discusses the validity of the law from the principle of honesty,value of efficiency,the value of substance equity and the theory of efficiency.The fifth part of the paper deals with the institutional vision of the termination of the contract of the default.This part mainly discusses the breaching party cohesion power with the current legal system of the termination of the contract,the party in breach of contract rescission applicable restrictive conditions,the applicable procedures and legal consequences.The last part is the conclusion of the author through the analysis and demonstration of the above parts,the default party can enjoy the right to terminate the contract.The author hopes that this system can be applied in our country's legal system and practice.This can play a role in reducing losses,saving social costs,optimizing the allocation of social resources,the real solution to disputes between the two sides,maintaining social and economic order and stability,etc.