Research On The System Of Termination Of Continuing Contract

With the continuous development of the market economy,continuing contracts are increasingly appearing in commercial exchanges,because enterprises often choose to conclude long-term contracts to establish long-term strategic cooperative relations.At the same time,continuing contracts and temporary contracts have always been one of the important divisions of contract types,but looking at the process of the formation and development of contract law theory in China,most of them focus on the institutional framework of contract law based on temporary contracts,while the research on the theory and system of continuing contracts is relatively lacking.However,in the context of today’s in-depth economic and trade development,the contract law system based on temporary contracts cannot meet the needs of judicial practice.This paper first explores the particularity of continuing contracts by starting from the definition,connotation,characteristics and types of continuing contracts,and clarifies the difference between them and the rules for the rescission of temporary contracts.Secondly,clarify the current legislative status and judicial application of continuing contracts in China.On the one hand,the lack of general rules for the termination of fixed-term continuing contracts in legislation was explored;On the other hand,in judicial application,due to the lack of a general rule on the termination of a regular continuing contract,judges face similar cases with different adjudication standards when adjudicating,resulting in confusion in the adjudication results.Third,in the comparative study,we refer to the system of termination of continuing contracts due to major causes established in Germany and the legal theory of destruction of trust relationship established by the Japanese Civil Code,and draw experience from China’s jurisprudence on continuing contracts,and summarize the enlightenment that can design the rules for the rescission of major causes of continuing contracts in China.Finally,by clarifying the scope of adjustment,defining major causes,stipulating the obligation to notify and the way of exercise,the rules for the rescission of major causes of continuing contracts in China’s civil law are constructed;At the same time,it also clarifies the relationship between the system of rescission based on material causes and the existing statutory right of rescission.