Research On The System Application Of Resolving The Contract Deadlock

At present,there is no definite legal concept for the issue of contract deadlock,but both the academic and practical circles generally acknowledge the existence of this issue.In view of the solution to the problem of contract deadlock in judicial practice,the legislation during the period of the draft Civil Code has undergone repeated modifications,and the related issues have also caused great controversy in the academic community.Finally,the second paragraph is added under Article 580 of the Civil Code as a legal regulation way to solve the problem of contract deadlock.The addition of this clause is a major modification of the contract,and the academic circles have not uniformly summarized the rules of this clause.Considering that the original intention of this clause is to solve the problem of contract deadlock,it can be said that it is a representative system created by China to deal with the problem of contract deadlock.Therefore,in the context of the implementation of the current Civil Code,this clause can also be called the system of breaking contract deadlock in China.With the promulgation of the Civil Code,the focus of theoretical disputes has shifted from legislation to interpretation.This paper argues that the system of breaking the contract deadlock in essence clarifies the defaulting party’s right to judicial rescission,and provides an institutionalized way for the defaulting party to break the contract deadlock in the form of law.In view of the current controversy over the introduction of the system,this paper first responds to the relevant disputes,demonstrates the necessity and legitimacy of the application of the system,and then clarifies the value of the application of the system.As the contract deadlock resolution system was introduced in a hurry,the relevant rules in the expression of specific terms also need to be further understood to clearly apply,so this paper then uses the specific expression of the provisions of paragraph 2 of Article 580 as the starting point,divides the terms in structure,and carefully interprets the rules from the three dimensions of the premise,conditions,and results of the application of the system,so as to improve the understanding and application of the rules,To a certain extent,this article further affirms the applicable value of the system from the perspective of explaining specific rules,and also clarifies the purpose of system creation.It is not difficult to see the efforts made by the legislators from the difficult creation of the contract deadlock resolution system.The progressive nature of the creation of the system and its applicable value must be affirmed,but it should also be seen that the legislation can not be perfect,and the problems in the application of this system should not be ignored.Therefore,it is also the direct motivation of this paper to analyze the problems existing in the application of the current system from the perspective of logic and demonstration,and propose corresponding improvement countermeasures.Therefore,this article then analyzes the problems existing in the specific application of the system.On the whole,the article divides the relevant issues into three levels: clause design,judicial application,and litigation cohesion.These issues come from both theoretical logical reasoning and judicial practice cases.At the end of the article,the author puts forward the corresponding solutions to the problems found in the previous analysis,which correspond to the previous article one by one in terms of structure and content.Based on a comprehensive analysis of the above issues,it can be found that the causes of these problems are related to the simplistic provisions and insufficient consideration.Considering that the improvement of the system cannot usually be separated from the relevant legal provisions,and the Civil Code has not been published and implemented for a long time,the countermeasures proposed in this paper are mainly from the perspective of interpretation,hoping to provide some useful reference for the improvement of the system of breaking contract deadlock.