| As an important part of the contract system,the right to terminate the contract is the right of the parties to terminate the contract and perform the termination of the contractual relationship according to the agreement or the law.The result of the exercise of the right to terminate the contract is the termination of the contractual relationship,and the rights and obligations of the parties to the contract disappear.The traditional theory of contract termination holds that the right of termination can only be enjoyed by the observant party of one party of the contract except for the contractual termination and legal termination.Complexity of rapid social development,market transactions to the new situation of the market economy activities sunrise Chen xin new contradictions,obey the law provision in specific trading activity,negate the breaching party contract rescission,the result is not only can not solve the contradiction,to prevent litigation contract order and orderly,which reduces the utilization efficiency of social resources,This is obviously contrary to the original intention of the contract termination system.However,under the background of numerous cases of court granting the breaching party the right to terminate the contract performance and terminate the contractual relationship,can the breaching party get support for exercising the right to terminate the contract? After the promulgation and implementation of the Civil Code,how to construct the applicable rules of the termination right of the breaching party under the background of the Civil Code? All the above questions need further discussion and analysis.Taking the case of dispute over lease contract between Rao Haosong and Hubei Eshang Co.,Ltd as an example,this paper studies the judgment tendency and judgment path of courts at all levels on the termination right of the breaching party,and leads to the consideration of the rules on the termination right of the breaching party in the contract termination system.According to Rao Hao Song and hubei hubei business co.,LTD.,the lease contract dispute of first instance and second instance court the judgment of different paths,the analysis under the "contract law" termination of the contract system current situation,reason of the right to lift the breaching party rules,by studying the effect of its theoretical basis,the judicial practice,thereby demonstrating the legitimacy of the theory and practice.Through normative analysis and consideration of the relevant rules and principles of the Civil Code,this paper demonstrates the interpretation path of the termination right of the breaching party under the system of the Civil Code.Under the background of the Civil Code coming into force,this paper studies and establishes the objective conditions,substantive conditions and restrictive conditions for the application of the termination right of the breaching party,and tries to construct the applicable rules for the termination right of the breaching party under the system of the Civil Code. |
