摘要
违约方解除权是解决合同僵局有效途径,也是司法实践的产物。《民法典》第580条第2款的规定为违约方解除合同提供适用规则,对于平衡合同双方当事人利益和促进社会发展具有重要意义。然而,司法实践运行却因为法律规则的模糊性存在较多障碍,并没有发挥出规则所应达到的效果。基于违约方解除合同规则的实证研究,发现现有规则存在适用范围狭窄、适用条件不明晰以及损害责任赔偿规定不明确等问题,由此提出明晰违约方解除合同的主观条件、将金钱债务纳入适用范围和落实损害赔偿措施等具体建议,以期为完善合同僵局破解的立法制度提供借鉴。
The right of the defaulting party to terminate the contract is an effective way to resolve the deadlock in the contract and a product of judicial practice. The provision of Article 580 (2) of the Civil Code provides applicable rules for the defaulting party to terminate the contract, which is of great significance for balancing the interests of both parties to the contract and promoting social development. However, the operation of judicial practice has many obstacles due to the ambiguity of legal rules, and has not played the role that rules should achieve. Based on empirical research on the rules for terminating contracts by the defaulting party, it was found that existing rules have problems such as narrow scope of application, unclear conditions of application, and unclear provisions on compensation for damages. Therefore, specific suggestions are proposed to clarify the subjective conditions for terminating contracts by the defaulting party, include monetary debts in the scope of application, and implement measures for compensation for damages, in order to improve the legislative system for breaking contract deadlocks and provide reference.
出处
《争议解决》
2024年第5期156-167,共12页
Dispute Settlement
