중국 계약법 상의 해제권에 관한 연구

This article provides a general description of the characteristics of termination of contract under Chinese Contract Law(CCL), and both theoretical issues that have arisen in Chinese academics and relevant important precedent in Chinese Courts. This article also analyzed trend of judgment on precedents that the Supreme Peoples’s Court of the People’s Republic of China(PRC) applied contract termination right of Chinese Contract Law. The main contents of this article, which follows the sequence of composition of CCL within its scope, reviewed termination reqirements under CCL art.19 and clausula rebus sic stantibus which the Supreme Peoples’s Court of PRC accepted by judicial interpretation or guidelines of the Supreme Peoples’s Court as grounds of termination. This article covered the issue of termination of contract and suggested the legal basis of several rules related to the termination of contract by analysing CCL. Furthermore, this study suggested legal check points or implication as well as interpretation and evaluation on termination of contract of CCL by linking with recent Chinese court rulings through a comparative analysis with CISG which have important legal positions in the area of international commercial contract.