Research On The Uniqueness Of The Right To Terminate A Contract With Advance Notic

For a long time,in some specific contracts in the civil law system,the content of the advance notice right of termination has been misread as the right of arbitrary termination,in addition,the existing regulations are unreasonable in the establishment of legal provisions,which makes the advance notice right of termination easy to confuse with the general statutory termination right.To distinguish the difference between the advance notice right of termination and other termination rights,and to give the advance notice right of termination its due position in the special statutory termination right,in fact,it is necessary to study the uniqueness of the advance notice right of termination.This article follows the logical thinking of "propose problems-analyze problems-solve problems",starting from the current dilemma of neglecting the uniqueness of the advance notice right of termination,through analyzing the reasons for the neglect of the advance notice right of termination and the possible chaos which may be bring about,explain the value and specific manifestation of the uniqueness of the advance notice right of termination,and finally propose to show suggestions on the uniqueness of the advance notice right of termination.The first chapter,through the analysis of the current legal situation,points out that the current problem of the advance notice right of termination is that it is confused with the general statutory termination right and the right of arbitrary termination,the essence is that the uniqueness of the advance notice right of termination is ignored.The second chapter analyzes the reasons for ignoring the advance notice right of termination and the chaos that may be brought about.The reason lies in the long-term fusion of continuation contracts and temporary contract specifications,resulting in no independent existence space for the advance notice right of termination within the scope of the continuation contract;coupled with the deviation of the terminology from the right of arbitrary termination,the first reaction of thinking inertia what does not make people think of its regulation is actually the advance notice right of termination.The negligence of the advance notice right of termination may cause chaos in three aspects: first,multiple interpretations of the timing of the contract’s cancellation due to the difference between general and specific provisions;second,there is a misunderstanding of the statute of limitations due to the neglect of the term "reasonable period" under the advance notice right of termination;third,there is a different understanding of the legal consequences of compensation for damages after the termination of an irregular commission contract.The third chapter first clarifies that the uniqueness of the advance notice right of termination will bring three aspects of value: one is to help form a unified system of the advance notice right of termination;the second is to help the applicant understand the content specification of the advance notice right of termination itself;thirdly,it helps to judge the case from the advance notice right of termination itself in judicial practice to make it more reasonable.Secondly,it analyzes the difference between the advance notice right of termination and the general statutory termination right and the arbitrary termination right in many aspects.Finally,it points out the unique characteristics of the advance notice right of termination in four aspects: first,it is only applicable to non-scheduled continuing contracts;second,there are two aspects of preventing the harm of the continuity of the contract and maintaining the stability of the contract from the perspective of different subjects;third,there is a pre-procedure of "notifying the other party before a reasonable period of time" in the exercise of the rules;fourth,there is no retroactivity after the termination of the contract,nor does it cause damages.The fourth chapter puts forward some suggestions for highlighting the uniqueness of the advance notice right of termination.One is to establish the independent status of the advance notice right of termination from the general provisions of the article and the reshaping of the words in some specific provisions;second,to clarify the system of the advance notice right of termination from the theoretical level,including but not limited to forms such as writing;third,to strengthen the use of referees in practice to highlight the uniqueness of the advance notice right of termination.