On The Defaulting Party The Right To Terminate The Contract

The traditional theory of contract law believes that the rescission right of contract belongs to the observant party,which is consistent with the principle of "strict adherence to the contract" which we adhere to,which is consistent with the idea of fairness and justice that we seek.However,with the rapid development of social and economic life,some contracts continue to exist,the implementation will bring a great waste of social resources,and traditional legal theory cannot solve this practical dilemma,legal theory,legal practice with social development changes The examples of change are not enumerated,as in the case of the breach of contract in this article,the judgments in the judicial practice that appear to be contrary to the existing law,let us think that it is necessary to reflect or improve the existing contract Theory or the existing theory to criticize this seemingly reasonable verdict? I believe that the development of social and economic life is bound to appear new legal issues,we should innovate the legal theory,with the new theory to meet,explain the new changes in social life,so that the law better serve the needs of economic society.This paper is divided into three chapters:The first chapter gives a brief analysis of the nature and type of the right to terminate the contract,focusing on the second section,the analysis of China's current contract cancellation system exists Problems,mainly from the legal provisions of the dispute,the parties lack of relief,as well as non-default parties exclusive right to terminate the contract easily lead to case justice and economic efficiency is missing.In the second chapter,the paper introduces the case of Xinyu Company v.FengYumei sale and purchase contract,and analyzes the reason why the court has made the support of the defaulting party to terminate the contract.Of course,it also questions the legitimacy of the judgment of the court,Although the court ruling has a natural flaw,but the overall decision on the rationality of the court agreed;then in the third section describes the breach of contract to lift the theoretical support,mainly the introduction of efficiency default theory,details of the origin of efficiency default theory The author puts forward the critical view that the principle of fairness and the ultimate purpose of the contract are also supported by the theory of contract cancellation.The third chapter,which is the focus of this article is the execution condition,the path and the boundary of the right of rescuing party of the defaulting party.It summarizes the conditions for exercising the right of rescind from the five points,including the termination of the contract.The debtor of the kind of debt,the default party has no intention to default on the situation,continue to fulfill the contract to fulfill the cost of implementation is too high or difficult to implement,the breaching party should give non-breach of contract full compensation,and the breach of contract to terminate the contract must be through the judicial channels.The second section introduces the way in which the defaulting party exercises the contract,removes the right of the contract from the existing legal framework,focuses on the practice of judicial practice,and proposes to create a new judicial interpretation of the contract law to regulate the breach of contract right.The third section introduces the limits of the right of rescission of the contracting parties.This article does not encourage the parties to terminate the contract,so from two aspects of the breach of contract to terminate the contract.The conclusion of this paper is that the breach of contract is an unavoidable legal fact that cannot be a general rule,but we should regulate the right of rescission of the defaulting party in the strict application of the applicable conditions and the application of a specific procedure.