Study On The Application Of ’Failure To Achieve The Purpose Of The Contract’ In The Contract Part Of The Civil Code

The expression of " failure to achieve the purpose of the contract" appeared in seven articles of the contract of the Civil Code ten times before and after.It is an important normative basis for "obstacles to performance" and is closely related to the systems of breach of contract,force majeure,change of circumstances,and inability to perform.Furthermore,the legislator intends to take "the purpose of the contract cannot be realized" as the guiding principle to control the whole system of the statutory rescission right.The grasp of "the purpose of the contract" is of great significance to the normative system of the statutory rescission right.However,neither the Contract Law nor the Civil Code has clearly defined the meaning of "contract purpose",and there are still many doubts about how to achieve the "impossible" situation.The premise of discussing "the purpose of the contract cannot be realized" is to clarify the connotation of the concept of "the purpose of the contract".The dualistic structure of "subjective purpose" and "objective purpose" applies to "contract purpose" in both theory and practice,that is,it not only agrees with the judgment standard of performance obligation as objective purpose,but also agrees with the judgment standard of further purpose,namely subjective purpose."Purpose" is endowed with multiple meanings by practice.The multiple meanings of the concept of contract purpose highlight the normative significance of contract purpose with multiple dimensions.However,through empirical research,we searched 12301 cases with the reason of "failure to achieve the purpose of the contract",found that the rate of appeal and the rate of change of judgment were high,and analyzed that the current theory and practice of civil law in China were mainly cognized in the sense of objective purpose,which led to the content of the obligation of contract payment being equal to the purpose of the contract,and could not cover all cases where the purpose of the contract could not be achieved.In the reason part,there have been a large number of cases where "subjective purpose" is one of the applicable standards,but it has not been uniformly standardized and justified.The standard of "unable to achieve the purpose of the contract" is questioned as "too simple",or "poor operability,too simple and abstract judgment criteria".Therefore,it is concluded that the possible difficulties in the application of the law of "cannot achieve the purpose of the contract" in China are as follows: First,the standards for the application of the "purpose of the contract" are not uniform.While clarifying the difference of the concept of "contract purpose",there are still arguments about relevant theories,namely the so-called "historical interpretation method" and "concept deduction method".The former is mainly guided by the legislative context,while the latter is solved from the concept itself;These two theoretical opinions lead to different results and operation paths due to different starting points,and their respective advantages and disadvantages must be judged from the connection between the purpose of the contract and the legitimate basis of the legal rescission right.Second,the judgment of the purpose clause of the contract is unclear.The external system of the statutory right of rescission is affected by the multiple modes of fundamental breach of contract,periodic reminder and mixed mode.The logic is not clear,and the legitimate reasons for the statutory right of rescission also need to be resorted to.Third,there are limitations in the application of relevant legal rules.For example,the subjective purpose of the contract is arbitrary and there is no uniform standard;The application of this rule is also easily confused with the similar system;After the integration of civil and commercial affairs,there are great disputes on how to use the "contract purpose" in civil and commercial contracts.Restore the question of "failure to achieve the purpose of the contract" under the discourse system of civil law discipline,and answer the above questions in the context of theory and norms.In view of the difficulties in the application of the law,relevant suggestions are put forward as follows: First,clarify the criteria for determining the purpose of the contract.Classify typical transaction purpose,special transaction purpose and subjective purpose to clarify the internal normative structure of "contract purpose" in current law;Second,clearly use the judgment standard of the subjective purpose of the contract.In the internal system,the theory of efficiency and the theory of balance of interests are difficult to provide substantial justification.Although implicated is the traditional justification,it is still not relevant.The theory of consensus should not only include the former,but also explain the inadequacies of the former,eliminate the "contradiction" between the statutory rescission and the strict observance of the contract,as the justification of the statutory rescission right,and clarify the logical thinking of the legal rescission right affected by the external system.Third,provide the interpretation path of "unable to achieve the subjective purpose of the contract" in Chinese law.In order to prevent the arbitrary interpretation of the purpose of the contract,the interpretation of the purpose of the contract is restricted by the basic principles of the text and civil law,and the intention of the referee is restricted to replace the intention of the parties.Based on the standard of "failure of contract",distinguish "failure to achieve the purpose of contract" from the rule of change of circumstances,establish the relationship between fundamental breach of contract and "failure to achieve the purpose of contract" in the degree of breach,and distinguish the two from the perspective of behavior and consequences.In the related contract and mixed contract of commercial contract and civil contract,combined with the linear development of contractual relationship,the real purpose of the parties is comprehensively judged,and this is the judgment path.This article expects to apply the "subjective contract purpose" in the "cannot achieve the contract purpose" to achieve the integration of legal norms and factual forms,and remove the "charm of uncertainty".