君子之交淡如水英文合同解除、终止几种英文表达之辨析

2021年1月22日发(作者：apologize)
Termination, Cancellation, Discharge, Rescind
辨析

Termination
refers to an ending, usually before the end of the anticipated term of the contract.
Termination
may
be
by
mutual
agreement
or
may
be
by
exercise
of
one
party
of
one
of
his
remedies due to the default of the other party.
Cancellation
occurs when either party puts an end to the contract for breach by the other and its
effect
is
the
same
as
that
of


that
the
canceling
party
also
remains
any
remedy for breach of the whole contract or any unperformed balance.
When
it
is
said
that
a
contract
is
discharged
,
it
is
always
meant
that
one
or
more
of
the
legal
relations of the parties have been terminated .the meaning that is most commonly intended is
that the legal duty of one of the parties has been terminated .A party who is asserted to be under
a legal duty by virtue of his contract may reply that the duty has been discharged by some factor
that has occurred since the making of the contract.
As
for
the
rescind
a
contract
,that
is
to
say
,to
abrogate
a
contract
,release
the
parties
from
further
obligations
to
each
other
and
restore
the
parties
to
the
positions
they
would
have
occupied if the contract had never been made .For instance ,in rescinding a sales contract ,any
monies paid or goods received would usually be returned to their original holders ,though the
parties could agree otherwise .

1. Terminate a contract ,
名词形式
termination of contract
Black's Law Dictionary
解释说：

Termination
refers
to
an
ending,
usually
before
the
end
of
the
anticipated
预期的
term
of
the
contract, which termination may be by mutual agreement or may be by exercise of one party of
one of his remedies
救济
due to the default of the other party.
Termination
通常指合同在约定期满之前终止履行。该终止既可经双方同意而做出，也指一
方因另一方违约而 行使的一种救济权。

但是《美国统一商法典》却规定，
“终止”是指合同方未违反合同约定而依法终止合同

（
Under the Uniform Commercial Code,
being broken by either side
）

2. Cancel a contract,
Black's Law Dictionary
解释说：

Cancellation occurs when either party puts an end to the contract for breach by the other and its
effect
is
the
same
as
that
of

except
that
the
canceling
party
also
retains
any
remedy
救济
for breach of the whole contract or any unperformed balance.
Cancel
指一方另因另一方违约而解除或取消合同，其效力与
termination
（终止 ）一词几乎
一致，不同点在于撤销一方仍有权对整个合同或合同中未履行部分主张救济。

3. Discharge a contract
Steven H. Gifis
的“
Law Dictionary
”解释说：

When
it
is
said
that
a
contract
is
discharged,
it
always
meant
that
one
or
more
of
the
legal
relations of the parties have been terminated. The meaning that is most commonly intended is
that the legal duty of one of the parties has been terminated. A party who is asserted
宣称
to be
under
a
legal
duty
by
virtue
of
优点
his
contract
may
reply
that
duty
has
been
discharged
by
some factor that has occurred since the making of the contract.
Discharge a contract < br>意味着合同当事人的合同关系已经终止。他方在主张自己应履行因合同
而发生的法定义务时可辩称 ，
合同义务已因订立合之后发生的因素而解除。
看来
discharge a