论民法典中的合同的解除与合同终止

在大陆法系民法典中,合同的解除与终止是两种不同的制度。合同解除制度的基本规则是针对合同解除权的发生和行使而设计,合同终止规则是围绕终止权的发生和行使而制定,两者在立法精神、法律后果方面截然不同。大陆法系关于合同解除与合同终止制度的设计有两种模式。我国民法典应当借鉴合同解除与终止的区分规则,重新界定我国合同解除和合同终止,建立合同终止制度。

On Termination and Dissolution of Contract in Civil Code

The dissolution and termination of contract are two different systems in civil code of China. The basic rules of the dissolution of contract are designed for the occurrence and exertion of the right to dissolve contract. While the basic rules of the termination of contract are established around the occurrence and exertion of the right to terminate contract. In fact, they are entirely different in the spirit of legislation and the effect of legislation. In the law family of Mainland of China, there are two modes to design the system of dissolving and terminating contract. The distinction of the dissolution and termination of contract is reasonable and valid. Therefore, our country's civil code should draw lessons from the distinction rules of the dissolution and termination of contract, and the dissolution and termination of contract should be redefined in order to build up the system of terminating contract.