Study On The Rescission System Of Continuing Contract

Today,with the development of marketization,more and more continuing contracts appear in the public’s vision.Compared with temporary contracts,they have their own unique attributes.Their stability and transaction security will greatly affect the current market economic order.With regard to the termination of continuing contract,Germany,France and Japan have carried out in-depth analysis and introduction.Compared with other countries,the development of continuing contract is still in a supplementary state at the legal level in our country.Under this background,if there are continuing contract disputes between the parties in the process of practice,the legal norms will inevitably lose the scope and value of its application.It will be necessary to study the continuing contract termination system.In judicial practice,courts use continuing contracts to classify contract disputes in judgments is not rare,but compared with the current well-known contracts,the status of continuing contracts is slightly awkward.In specific applications,there is a lack of clear understanding of the special features of continuing contract rescission compared with temporary contract rescission,the legal effect after rescission,and the continuity coincides.There are also no perfect legal norms to explain the causes of termination.There are still some unreasonable points in the division between forewarning termination and arbitrary termination of a continuing contract,and the abuse of the right to terminate a continuing contract has not been regulated reasonably.In view of the above problems in the judicial practice of continuing contract,based on the analysis and research of the current continuing contract,this paper puts forward corresponding suggestions for improvement.Specifically,it is to continue to improve the provisions of the reasons for the termination of continuing contract in legislation,especially the application of situation change in the termination of continuing contract,and to distinguish the advance termination and appointment of continuing contract.Finally,we should continue to standardize the exercise of the right of rescission of continuing contracts,reduce the harmful consequences of the abuse of the right of rescission,and refine the damages for the abuse of the right of rescission.The author hopes that through the analysis and collation of this paper,it will provide a modest contribution to the research and improvement of future continuing contracts.