Research On The System Of The Defaulting Party Applying For Contract Cancellation Right Under Contract Deadlock

According to the principle of strict adherence to the contract,the breaching party cannot enjoy the right to rescind the contract in case of general breach of the contract.However,in recent years,with the emergence of new factors in the objective economic environment of contract performance,contract performance appears a new performance situation,that is,contract deadlock,resulting in a great challenge to the continued performance of the contract.Whether it is necessary to release the binding to the breaching party in time to liberate the contractual obligations of the breaching party,or to require the breaching party to pay higher performance costs to continue to perform the contract,in order to maintain the functional value of the contract strictly adhering to the principle,has become a new topic of thinking in the theoretical and academic circles.After the introduction of Article 580 of the Civil Code,in the face of the contract deadlock,the judgment supporting the breaching party to terminate the contract has greatly increased.However,in the theoretical level,there are quite a lot of disputes over the nature of the breaching party’s right to terminate the contract.The affirmative statement with restrictive conditions and the affirmative statement with judicial lifting restrictions have different opinions,and the legitimacy of the breaching party’s application for the right to terminate the contract has been questioned.At the same time,Article 580 of the Civil Code limits the scope of the defaulting party’s application for rescinding the contract to non-monetary debts,and Jiumin Ji points out that the contract type represented by the house lease contract occupies a large proportion in the contract deadlock type.Should the gap formed between theory and practice be filled by expanding the application scope of Article 580 to some monetary debts? It is also an urgent problem to be solved in the system of applying for cancellation of contract by the breaching party.Considering our country’s current legislation status,theory and judicial practice,the system applying for rescission right to contract cannot be extended to all the money debt,so we may release part of the money debt first;The perfection of the defaulting party’s right to apply for contract termination needs to be matched with subjective elements,objective elements,value elements and the perfection of the application of legal consequences.As for the judicial improvement of the system of the defaulting party’s right to apply for termination of contract,the obligation of renegotiation can be embedded in the pre-litigation procedure to explore the possibility of settling the contract deadlock before litigation.When judges try cases,they should standardize their discretion with the method of hierarchy of interests,so as to ensure the same case and the same judgment in the same type of cases in the same area and enhance judicial justice.