合同中对于违约方解除权的问题研究

Research on the Right to Rescind of the Breaching Party in the Contract

在我国合同实践的过程中,违约方单方是否拥有解除合同的权利?这一直是理论界、实务界所探究和分析的重点问题,至此违约方是否拥有解除合同的权利仍然没有统一的定论。解除合同双方之间权利与义务的关系即为合同的解除权。从传统的民法理论出发,合同的解除权仅仅是守约一方所享有的权利,但是在实践中违约方一方要求解除合同的情形层出不穷,如果合同的根本目的无法实现或者说没有继续履行下去的意义,那么此时支持违约方主张解除合同的权利也是合情合理,并且具有法律上的正当性。对此本文将从合同的解除权为出发点,探究其功能、可行性与合理性。违约方应当慎重考虑是否行使合同解除权,尤其要重视守约方在继续履行合同的过程中可能承受的损失。只有在全面权衡各方利益的基础上,才能以合理的方式解决双方之间的冲突,并实现违约方行使合同解除权的价值。

In the process of contract practice in China, does the breaching party have the right to rescind the contract? This has always been the focus of the theoretical and practical circles to explore and analyze, so there is still no unified conclusion on whether the breaching party has the right to rescind the contract. The relationship between the rights and obligations of the two parties to rescind the contract is the right to rescind a contract. From the traditional civil law theory, the right to rescind a contract is only the right enjoyed by the non-breaching party, but in practice, there are many cases in which the breaching party requests to rescind the contract. If the fundamental purpose of the contract cannot be realized or there is no meaning to continue to perform it, then it is reasonable and legitimate to support the breaching party’s right to rescind the contract. And it has legal legitimacy. This article will start from the right to rescind the contract, and explore its function, feasibility and rationality. The breaching party shall carefully consider whether to exercise the right to rescind the contract and pay particular attention to the losses that the non-breaching party may suf-fer in the course of continuing to perform the contract. Only on the basis of comprehensively weighing the interests of all parties, can the conflict between the two parties be resolved in a reasonable way, and the value of the breaching party’s exercise of the right to rescind the contract be realized.