A Study on the Termination of Contract

From the perspective of comparative method, the author observes the legislation examples in Taiwan, Germany, UK, USA, France, and China. In addition, contrasts United Nations Convention on Contracts for the International Sales of Goods, UNIDROIT Principles of International Commercial Contracts, Principles of European Contract Law, and Principles Definitions and Model Rules of European Private Law.

The author also organizes and summarizes the requirements for statutory right of termination and the legal effect on contract termination (including the obligation to restore to status quo ante after termination, and damage compensation associated with contract termination.) in current international legislation trend. Using legislative theory and interpretation theory, the article analysis and expound the provisions of Taiwan Civil Code and the related practice of the Supreme Court judgments.