Study On The Legal Application Of The Right To Terminate The Contract Of The Breaching Party

In recent years,with the gradual increase in judicial practice of disputes over the termination of contracts by the breaching party,legal theories have also begun to pay more and more attention to the issues related to the termination of the contract by the breaching party.In judicial practice,the understanding of the conditions and consequences of the breaching party’s termination of the contract is not uniform,and in addition to the theoretical evidence of the breaching party’s right to rescind the contract,the reasonableness of the conditions and results of its judicial application is more worthy of in-depth study.Contract deadlock is the basic premise for the judicial application of the breaching party’s right to rescind the contract,and the contract deadlock has certain regularity in the type of disputes,and is widely distributed in various contracts such as lease and house sale.With regard to the judicial scope and application results of the breaching party’s right of rescission,through reviewing the cases,four perspectives are selected to study the type of case,the time point of contract rescission,the damages for breach of contract,and the bearing of litigation costs,and it is found that there are four problems in the judicial application of the breaching party’s right of rescission of the contract: whether monetary debt is not clear,the time point of contract rescission is not clear,whether the contract rescission and damages are handled together,and the identification of the subject of litigation costs is not uniform.Through the analysis of laws and regulations,combined with judicial practice,four corresponding relief plans are proposed: expanding the use of monetary debts,clarifying that the contract is terminated when the breaching party’s complaint is served on the non-breaching party,the judge should first explain to the non-breaching party ex officio before deciding on the treatment of damages,and the litigation costs shall be borne by the losing party.Only by promoting the unification of the judicial application of the breaching party’s right to rescind the contract can we better achieve the purpose of breaking the deadlock in the contract.