Study On The Rescission Of Housing Lease Agreement By The Defaulting Party

As a typical continuing contract,the performance of the house lease contract is prone to contract deadlock,and the defaulting party mostly wants to get out of the contract by canceling the contract.There is no direct and clear legal norms to guide the relevant problems in legal practice,so that there are two opposite judgment views on the determination of such problems in practice.The right to terminate the contract belongs to the right of formation.The right holder can terminate the contract by notice.This right cannot be enjoyed by the breaching party.When the default party’s failure to terminate the contract violates the principle of good faith,the default party has substantial difficulties in enjoying the interests of the contract,the purpose of the default party’s contract cannot be realized,and the failure to terminate the contract causes unreasonable damage to the default party,the default party may submit the dispute involved in the case to the people’s court for examination and judgment by filing a lawsuit to the people’s court,That is,the breaching party has the right to sue for the termination of the contract.The people’s court strictly examines whether the case meets certain conditions and makes a judgment on whether to allow the breaching party to terminate the contract.At this time,when the contract is terminated,the breaching party shall first bear the liability for breach of contract such as restoring to the state before the conclusion of the contract in accordance with the contract.If the liability for breach of contract is not agreed or the agreement is unclear,the court shall exercise its discretion on a case by case basis.For the judgment of damages,the people’s court should not solve it with the idea of "handling another case".It can determine the result of contract termination by way of advance judgment,and make a judgment by way of residual judgment after the investigation of damages.