Study On The Issue Of The Termination Right Of The Breaching Party In The Lease Contract Of House Property

The house lease contract with time limit is a continuing contract.There are circumstances that one party fails to meet the terms of rescission of contractor the statutory terms of rescission but wish to terminate the contract by express request before the expiration of the contract.The traditional theory holds that a contract established according to law is legally binding on both parties.In the case of a breach of contract by one party,the right of rescission is vested in the non-breaching party.Otherwise,the defaulting party could use the rescission right maliciously to obtain illegitimate interests.However,our country's law does not explicitly prohibit the breaching party's right to terminate the contract.In theory and judicial practice,the defaulting party is often given the right to terminate through systematic and systematic interpretation when comes to the legal or factual inability to perform,the subject matter of the debt is not suitable for compulsory performance or the performance fee is too high,and the creditor does not require performance within a reasonable period of time,etc.But this also inevitably reflects the result-oriented legal thought.Whether the freedom of contract includes the freedom of rescission of contracthas become hot issue for the principle of strict contract between principle of efficient breach.In China,freedom of breach of contract theory is not adopted in legislation,theory or in judicial practice,so the freedom of default is not accepted.In the specific circumstances,giving the defaulting party right of recessionis the inherent requirement of the principle of contract equality,the principle of honesty and credit,and the principle of contract efficiency in China's contract law,which reflects the legal value of fairness,order,justice and efficiency.China's existing provisions on exclusion and mitigation rules of continued performance of liability for breach of contract can not accurately state the circumstances that giving the breaching party the right to terminate the contract,and we may not take the provisions of Article 94 of the Contract Law on assumptions that the parties shall interpret as both parties,otherwise we will be seeing fuzzy logic.Therefore,there is a need for the legislation of right of rescission of the Default Party in our country.The defaulting party can only enjoy the right to terminate the contract only if it meets the criteria that contract cannot be fulfilled,the impossibility to achieve the purpose of the contract,the observant party does not terminate the contract,and the observant party will be fully compensated.This right can only be achieved through the judicial decision of the judge.As a typical continuing contract,the house lease contract has a relatively fixed and typical type of breach of contract.Therefore,the type of default should be specified in the specific provisions or judicial interpretation.Terms of rescission of contract should be relatively flexible.In those papers,the impossibility of performance should include subjective ereluctant to perform should be included and give clear legal guidance on default to the lessee and the lessor.