【正文】 should have, since a contract provision regulations side is having some situation to be possible to result in terminates a contract freely, also did not mean the litigant informs opposite party responsibility to be possible in advance to the same time, appeared gradually in modern France agreed reneges on a promise the contract which the provision produced to relieve the power, the law entrusts with contract litigant Fang Yi to renege on a promise directly the power situation, mainly was appears in the related protection consumer benefit both sides also may through the contract agreement, entrust with the right which a side litigant reneges on a promise, but reneges on a promise the right is not one kind obtains the universal suitable situation. (2) the legal contract relieves the power the occurrence reason According to the French code civil stipulation, the bilateral contract situation, a every litigant side does not fulfill situation of its voluntary, regards as subscribes has the resolutive clause, has not fulfilled righteousness on it to have to achieve what kind of degree only then terminates a contract carries on the standard and the because the law terminates the contract the power question to exercise the way to define in through the lawsuit, thus mainly acts according to the special details to its control degree for judge to this kind decides after deliberation also certainly not random, generally under the legal situation, relieves the condition which the power occurs mainly to be possible from the subjective and objective two aspects to inspect: First is subjective the aspect, involves whether should relieve the mistake as the determination contract the power constitution the basic important this educational world and legislation and practical realm existence serious France, the court in judges whether permits when the nonviolation side terminates a contract, the violation serious degree is an important reference factor, only France by no means forms any unified, the explicit standard and the concept judgment on the violation serious when the determination contract, judge also wants to consider continues benefit which fulfills the contract the possibility and to the legal stipulation, in the court before decided the approval relieves should regard the concrete situation to give the defendant a deadline (hesitation period).The following makes the brief introduction separately according to the legal rule characteristic. The French code civil had stipulated does not fulfill, the delay fulfillment and fulfills inpletely when the contract to relieve the does not fulfill, related legal rule, if the vendee does not pay the price to betray the human to understand eliminates business (French code civil 1654th)。 About delay fulfillment, French code civil 1610th stipulation: If “betrays the human to agree in the time in the litigant not to pay the subject matter, stems from pletely when the delay payment betrays the human creates unilaterally, the vendee must choose: Either cancels business, either holds the subject matter.”About fulfills inpletely, French code civil 172nd stipulation: “If the tenant will rent the thing to use in outside the lease goal other goals, or will cause the losses to the lessor, the lessor in accordance with the situation, requested will relieve the contract”. The anticipated violation is not in the French law the contract relieves the reason which the power the French law does not have “the anticipated violation” the the power regarding the accident result contract, its rationale for force majeure theory and reason the French law, these event being called as accident or the force majeure, it avoids a contract side litigant because has not pleted all legal liability which it grants 29 acts according to the French code civil 1184th stipulation, in the bilateral contract, every is concerneda human side not to fulfill situation of its voluntary, regards as subscribes has the resolutive force majeure situation also should conform to this kind of reason theory also is one of factors which must on this theory, in any event human, if a side litigant has not obtained the benefit which the basis contract earns, but has not obtained this benefit reason must to stem from itself mistake, that, litigant avoid fulfillment contract duty, if already fulfilled, he might advocate returned it to pay, if returned is impossible, then the request returned the equal goods. Moreover, in the French code civil, the thing slight defect and the right slight defect is also regarded as may cause the contract to relieve the reason which the power occurs. In (2) German law contract relieves the system Around 1st, revises in the German code civil about the debt law the contract to relieve the system the significant transformation, narrates separately as follows: First, pays the barrier law is the German national debt method core connection basis change affects the contract to relieve the power basic structure change and the system design will pay the barrier law to violate the duty to take the core the connection basis, thus will occur pays the right establishment which the barrier will enjoy above a unified basic violates the duty, “is refers on objective violates the duty which produces by the debt it only refers on objective the line which does not tally with the debt relations involves the debtor whether should to this behavior responsible question”.Thus, its can cover pays the barrier all basic pattern pares concisely. Second, the new debt law realized the contract to relieve the power in the legal expression regarding pays cannot with violate the supplementary duty the situation to be suitable the special regulation, because does not pay, the delay pays as well as the original code civil removes in outside violates the power to be suitable th