On the question of determining the termination date for the defaulting party to apply for the discharge of the contract,the view of the Supreme People's Court has changed greatly.Generally,there are the Specified Date Theory and the Courts'Discretionary Theory.From the perspective of the functional purpose of contract discharge(rescission),systematic interpretation,and the internal logic of rule design,the Specified Date Theory is a better and more ideal one for efficiency,compliance with the rule system,and default rule design.Although the Courts'Discretionary Theory presents most of the actual practice of the court,the core of its principle was still consistent with the Specified Date Theory.This analysis could provide better guidance for the court to determine the termination date when the breaching party applies for discharging of the contract.
discharge of contract by breaching partytermination datespecified date theorycourts'discretionary theory
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