| 英文摘要 |
Which party who has the right to terminate contract, dependents on the different circumstances. When the obligorbreaches the contract, the obligee has the right to terminate the contract in principle. However the obligor also has the right to terminate the contract in some particular circumstances, e.g. it is unable to perform a contract. In Germany, Japan and Taiwan’s civil law and its doctrine, the right to terminate contract is indivisible, this indivisibility should also be recognized conditionallyin Chinese civil law. The obligee notifiesthe obligor to terminate the contract upon the cause A, then modify the causeinto B in thelitigation stage, either A or B complies with the termination causes in law or agreement, the contract should be confirmed has been terminated. |
