Reflection on the Right of Terminate the Contract of the Defaulting Party and Resolution of the Contract impasse

DOI

10.2991/assehr.k.201214.541How to use a DOI?

Keywords

The Contract deadlock, The Right of Terminate the Contract of the Defaulting Party, Article 580 of the Civil Code

Abstract

The emergence of the contract deadlock gave rise to the discussion about whether the defaulting party can enjoy the right to terminate. In the process of compiling The Civil Code of China, the right of terminate the contract of the defaulting party aroused great controversy, which was finally recognized by the legislators and stipulated in the second paragraph of Article 580 of the Civil Code. From the perspective of existing rule interpretation, the right of the defaulting party to terminate the contract does not exist in the original normative system. Through the definition of the contract deadlock concept and the analysis of various specific cases in judicial practice, it is not difficult to find that the creation of the right of the defaulting party to terminate the contract is not necessary, the interpretation of the existing law has been able to resolve the contract deadlock, the addition of the right of the defaulting party to terminate the contract will bring system contradictions.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - ZeHua Sun
PY  - 2020
DA  - 2020/12/16
TI  - Reflection on the Right of Terminate the Contract of the Defaulting Party and Resolution of the Contract impasse
BT  - Proceedings of the 2020 3rd International Conference on Humanities Education and Social Sciences (ICHESS 2020)
PB  - Atlantis Press
SP  - 443
EP  - 447
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201214.541
DO  - 10.2991/assehr.k.201214.541
ID  - Sun2020
ER  -