The statutory right of cancellation in the Civil Code is based on different statutory reasons, but has a unified basis in the legal doctrine. First, they all lead to the “failure of achievement of the contract purpose” from different perspectives; second, the statutory right of termination allows the parties to get rid of their contractual obligations and regain their freedom of action, which usually creates new creditor-debt relationships. The statutory right of rescission norms in the general provisions of the Civil Code contains different concepts such as efficiency, fairness, honesty and credibility. The norms of rescission right in the sub-provisions are mostly the concretization of the general rules, but there are also human compatibility and legal benefits between the parties. The ultimate legitimacy basis of the statutory rescission right needs to be sought from the parties' agreement. The statutory rescission right is not incompatible with the freedom of contract, but the premise is the legislator's imagination of the parties' virtues. Compared with the Contract Law, the Civil Code strengthens the function of contract termination in ending contract deadlock and constructing a new legal relationship between the parties. However, the interpretation theory also needs to clarify the general elements of the statutory right of termination, the connection between the right of uneasy defense and the right of termination in anticipatory breach, and the deadlock in the performance of a fixedterm continuing contract.
谢鸿飞. 《民法典》法定解除权的配置机理与统一基础[J]. 浙江工商大学学报, 2020, 34(6): 18-29.
XIE Hongfei. The Allocation Mechanism and Unified Basis of the Statutory Rescission Power in the Civil Code. Journal of Zhejing Gongshang University, 2020, 34(6): 18-29.