The Study On Termination Of Continuous Contract

According to the different effects of time on contracts,contracts can be divided into discrete contracts and continuous contracts,which is also one of the basic classifications of modern contracts.Although the "Civil Code of the People’s Republic of China" has newly added legal provisions related to continuous contracts,the existing research on contract law in our country still focuses on discrete contracts,and ignores the research on continuous contracts.Therefore,based on the background that the "Civil Code of the People’s Republic of China" has just entered into force,this thesis attempts to analyze the essential characteristics of continuous contracts,and make a specific analysis of the arbitrary termination and non-arbitrary termination about continuous contracts.Finally,the thesis researches on the legal effects of termination of continuous contracts.Chapter One explains the definition of continuous contracts and the evolution of the related theories,and then makes a critical analysis on the theories.This chapter also analyzes the four specific characteristics of continuous contracts,which is based on the previous article.Chapter Two analyzes the legal basis of the termination about continuous contracts.The chapter analyzes the difference between discrete contracts and continuous contracts.Then the chapter explains the arbitrary termination and the non-arbitrary termination as well as their particularity in concept and effectiveness,and demonstrates the termination of continuous contracts.Chapter Three studies the arbitrary termination about continuous contracts.This chapter presents four major characteristics of arbitrary termination about continuous contracts.Then the chapter demonstrates what the arbitrary termination should be,and analyzes Subparagraph 2 of Article 563 of the Civil Code of the People’s Republic of China.Chapter Four analyzes reasons of non-arbitrary termination about continuous contracts.First,the chapter analyzes the characteristics of non-arbitrary termination to distinguish between the arbitrary termination and non-arbitrary termination.Then the paper analyzes reasons of non-arbitrary termination referring to the analysis of German Law and Japan Law,and also analyzes the procedure of terminating continuous contracts.Chapter Five studies the legal effects of termination about continuous contracts.This chapter analyzes the shortcomings of traditional theory of retroactivity,and the chapter also supplements and perfects the traditional theory.Regarding the issue of compensation for damages,this article concludes that performance benefits and available benefits should be compensated,while reliance benefits should not be compensated.