Study On The Termination Right Of The Breaching Party In The Lease Contract

In the performance of the contract,whether the breaching party enjoys the right of termination has always been debated between the theoretical circle and the judicial practice.The theoretical community denies that the defaulting party has the right to terminate the contract for the following reasons: firstly,the termination is not the result of the initiative of the court;secondly,if the defaulting party has the permission to have the right to terminate the contract,the risk of trust,which is not conducive to the moral construction of the current society;thirdly,the right of the contract.In judicial practice,due to the impact of the epidemic,the economic downturn leads to the increase of disputes over the right to terminate.Under the influence of objective factors,the contract cannot be actually performed.If only the non-breaching party can be granted the right to terminate the contract,then the non-breaching party refuses to terminate the contract,which will inevitably lead to the deadlock of the contract.This situation is not conducive to the rights and freedom of the parties to the contract,but also will lead to the decline of social and economic efficiency.Therefore,it is very necessary to give the breaching party the right to terminate the contract.With the method of empirical analysis,the right of the is party in the lease contract.The article is divided into four parts:First,through the empirical study is conducted on the case of the defaulting party of the lease contract.first,Through the case analysis of the case "Xinyu Company v.Feng Yumei Shop Sales Contract Dispute case guided by the Supreme People’s Court communique",To raise the question of the breaching party’s right to terminate the contract,next,Through the China Judicial Documents website,By2022,there were 104 cases of contract termination by breaching parties,Judicial practice shows that the case of the defaulting party will become a problem that needs to be studied in China now and later;last,The analysis showed that up to 73% of the cases supported the termination of the contract in judicial practice,Although the theoretical community has not granted the breaching party the right to terminate the contract,However,in practice,a large number of legal cases support the breaching party to enjoy the right to terminate the contract.In the process of analyzing the 104 sample cases,the legal basis for this issue is also obtained,mainly focusing on paragraph 2 of Article 580 of the Civil Code and Article 48 of the Nine People Summary.The second is an overview of the contract termination right of the breaching party.Firstly,the paper introduces the classification of the termination right of the lease contract;secondly,it shows that the default party has the right of termination;finally,the conditions of the termination right of the lessee in the lease contract.Then it discusses the necessity of the defaulting party to terminate the contract.It introduces the legitimacy of the right of the termination of the breach party in the civil law.Finally,the guarantee of the lessee terminating the contract in the lease contract.This paper expounds the weak position of the lessee in the lease contract in three ways,and further discusses that the breaching party has the right to terminate the contract.