The Realization Dilemma and Solution Path of the Right to Rescission of the Defaulting Party in the Contract Impasse

With the development of economy, more and more situations of contract deadlock appear in practice. Clause 2 of Article 580 of the Civil Code gives the defaulting party the right to rescind the contract from a legal point of view. The establishment of this clause has important practical value to the principle of social transaction, the interests of all parties to the contract and the efficiency of market transaction. However, there are also some realization difficulties in the application process of this clause. In order to better play the value of the defaulting party's right to terminate the contract, the scope of application, the subjective state of the defaulting party and the time of contract termination should be supplemented and improved to solve the corresponding difficulties.