Study On The Termination Of Contract By The Breaching Party

The termination of the contract by the breaching party not only involves the autonomy of private law,but also the efficiency of social resource allocation,the order and security of transactions,and the measurement and choice of multiple interests and values.The Supreme People’s Court issued a communiqué case in2006-Xinyu Company v.Feng Yumei’s case for the sale and purchase of a shop.The reason for the judgment was not so much based on Article 110 of the Contract Law as the basis for the judgment,but rather based on the principled provisions of the General Regulations.The principle of equality to achieve fairness in individual cases.After the Communiqué case,there are also many actual judgment cases based on the principle of fairness to demonstrate and explain that actual performance is no longer possible,and the existence of the contract has lost value,thereby supporting the breaching party’s appeal for the termination of the contract.This is not only a judicial response to actual needs,but also an active exploration made by the people’s courts on the basis of a comprehensive understanding and grasp of the spirit of legislation.This is the justification of the breaching party’s termination of the contract from the perspective of value analysis.From the perspective of the overall legal system,whether it is based on the original intention of the design of the superior concept of the breaching party to terminate the right of termination,or discussing the termination of the contract and the actual performance as two different ways of assuming responsibility for breach of contract,it can prove that the breaching party’s judicial termination is legal There is legitimacy.And from the perspective of comparative law,the relaxation of the strict adherence to the principle of contract also opens a window for the breaching party to terminate.The termination of the contract by the breaching party is an aggravated rule based on the debtor’s defense system.At the same time,there is no violation of the principle of non-reporting and disregard in the procedure law.The "Civil Code" combines China’s actual conditions and adapts to the needs of economic and social development,creating judicial dismissal of the breaching party and filling in legal loopholes.Based on professional knowledge and skills,the court or arbitration institution should choose whether the case constitutes a contract deadlock,the liability for breach of contract,should choose actual performance or termination of contract damages,and specific determination of the performance of the interests of the observant party,so that the case is handled in a substantive justice.This article sorts out and puts forward their own views on the academic circles’ views and reasons on whether the debtor can terminate the contract.At the same time,under the realistic background of the "Civil Code" that has just been implemented,from the perspective of doctrinal analysis,the procedure and scope of application of the judicial dissolution of the breaching party are analyzed.At the same time,the system should also apply to non-monetary debts,so the scope of application is required.The filling of the rules.As a newly established system,the constitutional elements of judicial termination of the breaching party need to be clarified and determined.At the same time,the specific termination time of the contract is related to the substantive rights and obligations between the parties.Can be used specifically.