Research On The Termination Rules Of Continuing Contract

As an important remedy,the rescission of contract plays an important role in the legal system of contract.In daily life,both parties tend to sign long-term and effective continuing contracts in order to reduce transaction costs and ensure transaction efficiency.However,with the endless types of continuing contracts,the dissolution of continuing contracts disputes also arise.In view of the fact that there is no strict distinction between temporary contract and continuing contract in our country,for the benefit of the parties to the effective relief contract,it is necessary to study and solve the problems existing in the rescission rule of continuing contract in our country.In the part of General Rules of contract compilation in our country’s civil code,the general rules of rescission of indefinite continuing contracts are added,and the rules of rescission of indefinite continuing contracts are also added in some well-known contracts.Based on this,following the logic of our current law,this article divides the rescission rules of continuing contract into the rescission of indefinite continuing contract and the rescission of periodic continuing contract.Based on the basic theory of continuing contract,combined with the current legislation and judicial practice,on the basis of exploring the particularity of the rescission rule of continuing contract,this paper discusses the problems existing in the rescission rules of indefinite and periodic continuing contracts respectively.There are some problems in the general rescission rule of indefinite continuing contract in our country,such as unclear applicable object,unclear cognizance of“Reasonable Period”,and disputes about pre-agreed waiver of rescission right.Combining theory with practice,this paper puts forward the judging standard of “ Indefinite ” and“Continuance” of indefinite continuing contracts,the way of determining“Reasonable period ”,and suggests that judicial interpretation should be used to determine that failure to comply with “ Reasonable period” does not lead to the invalidity of the notice of rescission,but it should bear the liability for compensation,and to determine the validity of pre-agreed waiver of the right of rescission.In our country,there are some problems in the legislation of the rescission rule of the periodic continuing contract,such as the shortage of the current law and the unclear way of exercising the right.Judicially,there are contract deadlock and judges misuse of legal provisions of the situation.In view of the above-mentioned problems,it is proposed in the legislative aspect that our country should establish the“ Significant matter” as the rescission rule of the periodic continuing contract,and determine the right to apply for the rescission of the judgment according to the judicial rule and the value idea.Based on the frame of our country’s current rescission rule,we should adopt the method of whole analogy to get rid of the contract deadlok,and propose to clarify the applicable scope of relevant legal provisions through judicial interpretation,so as to limit the discretion of the judge and protect the legitimate interests of the parties.