On The Right Of The Breaching Party To Terminate The Contract

The paper is to study the case of the right to cancel the contract of the last five years prior to promulgation of our the civil code,and to develop a research on the issue of the right to cancel the contract from the angle of the demonstration,and to establish the case in which the contrastive side which appeared constantly in the present judicial practice of China,asserts the cancellation of the contract,and the judgment of the related case is collected,and it is In connection with the provisions of the "Civil Code" in China,we analyzed the problem which existed in the contract cancellation case.Submit a proposal for the dismissal.The paper takes the case of "Feng Yumei" in the bulletin of the Supreme People’s court as the starting point finds that t the right to cancel the contract of more than half of the contract supports the right to cancel the contract by searching and examining the case concerning the dissenter contract for five years by making the case of the Supreme Court of China,The paper concretely analyzed the grounds for judicial support to support the right to cancel the dismissal.The provisions of the "parties" who enjoy and exercise the right to cancel a contract are not clear.That is,it is not known whether or not the "party" who enjoys and cancels the dismissal of the Contractor’s contract in the legislative act protects the contract.In the practice of the judiciary,the judge has a large discretion to the discretionary right of the cancellation of the contract.Prior to the promulgation of the civil code,there are some judges who support the cancellation of the contract on the other side of the contract,and some judges against the cancellation of the contract.The court has not unified the time of cancellation of the contract after exercising the right to cancel the person against the discretion.In cases where an unsentenced person exercises a right to cancel a contract,the liability for damages of the person who has committed the contract shall not be determined.In order to submit a thorough proposal for the right to cancel the contract,the article shall clarify the subject’s position in which the opposite side,and to limit the restrictions in accordance with the right to cancel the contract.On the other hand,the parties in article 580 of the civil code should refer to the person who disagrees.The scope and conditions of application of the right to cancel a contract shall be clear.That is,the right to cancel a contract shall be realized through the actual implementation of the exclusion,the fact that the purpose of the contract cannot be realized,the suit or arbitration procedure.In cases where the court supports the person concerned,the specific time of cancellation of the contract shall be determined.The court shall,when supporting the right of rescission of the contract of the dissenter,make further clarification of the liability for damages of the person who has violated the contract.