Study On The Rescission Right Of Contract Of The Defaulting Party

That's the mainstream view that the rescission right of contract is non-defaulting party's exclusive right at the present stage.The defaulting party lacks the means to exit the contract.When the parties perform the contract,they are often prone to deadlock under the guidance of this theory.Judicial practice cannot judge according to current law and theory and only can break through the rules and make the judges."Gazette of the Supreme People's Court ",in a leading case,points out that the defaulting party may voluntarily terminate the contract nowadays.The scope of the question of whether or not the defaulting party has the right to terminate the contract is a prerequisite for serious research.Experts and scholars in the field of law have different views on whether or not the defaulting party has the right to terminate the contract.It's serious that different judgments in the same cases of the court.Based on the practice,the empirical analysis method is used to analyze the actual cases of the 135 cases.To analyze the statistics and draw conclusions.From the reason of the case,the level of judgment,the status of the parties and the defaulting party,the result of the referee,the judgment and reasoning and so on.A comparative study is used to investigate the legislation of the termination of the contract by different countries and regions.To further demonstrate the legitimacy of the breach by the breaching party combining with Chinese legal culture,starting from the current law of our country.Through the interpretation of legal rules,interpretation of legal principles and interpretation of legal theories,finally,it is concluded that,in the case of continuing to perform difficulties,the defaulting party,which is entitled to "avoid injury",shall request or terminate the contract under the premise of full compensation.