On The Breaching Party's Right To Rescind The Contract

The contract termination system is an important way to terminate the rights and obligations of the contract,and it is an important part of our country’s contract legal system.The traditional theory holds that only those who obey the contract have the right to terminate the contract.However,in judicial practice,there is such a special situation: the contract cannot be performed,the purpose of the contract cannot be realized,the non-defaulting party is unwilling to terminate the contract,and the contract is in a deadlock for a long time.Under the actual need of contract deadlock,the attempt to give the breaching party the right to terminate the contract was first implemented by judicial practice and caused widespread controversy in academia.Based on the actual situation of the contract deadlock,this article has an in-depth understanding of the origin and disputes of the breaching party’s right to terminate the contract,and demonstrates the necessity and legal value of the breaching party’s right to terminate the contract,and finally proposes that the breaching party exercises the right to terminate the contract,and Applicable path and improvement suggestion.In addition to the introduction and conclusions,this article is divided into four chapters: Chapter One starts with typical cases of judicial practice,and then explores the specific conditions of the breaching party’s right to terminate the contract in judicial practice,and finally rises to the standard content of the breaching party’s right to terminate the contract.That is,the exploration of the legislative situation.On this basis,it summarizes the relevant dispute theory of the breaching party’s right to terminate the contract,and clarifies the origin and disputes of the breaching party’s right to terminate the contract.The second chapter analyzes the relevant legal systems,including the rules of circumstance change,contract derogation rules,and non-performance rules,and points out that granting the breaching party the right to terminate the contract is the inevitable way to solve the contract deadlock,and justifies the necessity of the breaching party’s right to terminate the contract.The third chapter starts with the value function of contract termination,pointing out that the right to terminate the contract in the case of contract deadlock can actualize the value function of the contract termination system,and compares the efficiency value of actual performance with damage compensation in the case of contract deadlock.The right of the breaching party to terminate the contract conforms to the value judgment of the law.The fourth chapter analyzes the application path of the breaching party’s right to terminate the contract in the judicial and legislative aspects,and then proposes the applicable conditions of the breaching party’s right to terminate the contract,and finally proposes perfect suggestions for the breaching party’s right to terminate the contract.