On The Judicial Release Of The Breaching Party When The Contract Is Deadlocked

The method of solving the contract deadlock is one of the fiercely debated issues in the compilation process of the Civil Code.The theoretical circle has discussed it for many times.Compared with the expansion of the application of the change of circumstances rules and the establishment of major cause cancellation rules,the "Civil Code" is in the contract.The exclusion of liability for breach of contract is a new paragraph under the right to continue performance request,which provides a legislative mechanism for the settlement of contract deadlock.Nevertheless,the rule also faces problems such as inability to comprehensively cover contract deadlock situations and difficulty in specific operations,which urgently needs to be further explained from the perspective of explanatory theory.After clarifying the basic situation,rationality and superiority of the judicial termination rules of the defaulting party when the contract is deadlocked,this article explores that the party who violates the rule is excluded from continuing to perform the request,the purpose of the contract cannot be achieved,and the failure to terminate the contract violates the principle of good faith and is right.Substantial requirements such as obvious unfairness of the breaching party,as well as the procedural requirements of the pre-negotiation procedure before the change of circumstances apply through litigation or arbitration by the breaching party,and then the analysis of the legal consequences such as the termination of the contract and the liability for breach of contract to determine whether the contract is terminated The time of termination is determined by the judiciary,and the termination of the contract does not affect the application of the liquidated damages clause.In the calculation of damages,it summarizes the difference calculation method,the analog calculation method and the judicial agency discretionary estimation method,in order to promote the justice of the breaching party.The actual application of the cancellation rules.