Research On The System Of The Contract Rescinding

Consisting different viewpoint in different legal system about the concept of the contract rescinding and containing too in the theories field. On the critique the foundation of the different standpoint, we think that the certainly rescinding is in the scope of the contract rescinding, so we define the contract rescinding as that the contract rescinding is a law system, that the valid contract will be exterminate from the beginning or only in the future when the parties to the contract reach a consensus through consultation or when one party to the contract expresses to rescind the contract in the conditions.We think it is the most hypostatic characteristic that the contract's purpose can't come true, performing the contract come to be unnecessary and make the relation of the contract exterminate in advance, and this is also the core of the contract rescinding.For getting a more accurate cognition about the contract rescinding from the outside to the inside. We shall demarcate the contract rescinding from contract terminate invalidly, cancel, withdraw and change, and make the contract rescinding to the classification of four types: The contract rescinding with behavior and the contract rescinding with no behavior; The contract rescinding in result of breach of contract and the contract rescinding with no breach of contract; The contract rescinding with the force of tracing back and the contract rescinding with no force of tracing back; Legal rescinding and engagement rescinding in the broad sense. This article analyzed emphatically the four kinds of rescinding that be ruled in the CONTRACT LAW, containing legal rescinding andconsultation rescinding and agreement and rescinding and certainly rescinding. This article put emphasis on analyzing and discussing the conditions of the legal rescinding, for that the legal rescinding is the one that be rescinded by one party using the right to rescind the contract aiming at the breach behavior, and applying more extensive and the most typical .In regard to legal rescinding according to one's expresses, the right to rescind the contract is a kind of the right of formation, using the right is restricted in the period of using, the right will exterminate overdue. We'll bring up the different viewpoint and suggest that the duration of using shall be ruled definitely and unchanged.The procedure of the contract rescinding only consists in agreement rescinding, legal rescinding, consultation rescinding etc. There is no procedure without rescinding behavior. The agreement to rescind must follow the procedure of ordering the contraction, and getting the effective conditions fully. Legal rescinding and consultation rescinding must have the conditions of rescinding contract, and should notify the other party concerned, and match the formal conditions of law and administration concerned, sometimes still need the confirmation of the court of the people or the arbitration organization.We think that the force of tracing back is consisting in contract rescinding usually, instauration original conditions is a direct performance of the forcing back, but the CONTRACT LAW denies the force of tracing back in other conditions; About the indemnity's problem, CONTRACT LAW adopts both contract rescinding and indemnity. Indemnity for damage under contract rescinding, nature is liability for breach of contract ,the range of indemnity for damage should include two loss both interests of trusting and can get interests. Relevant method of dispute resolution clause close and clearing up the clause in contract, independentclause of contract, contract rescinding do not affect its effect, (the full text is roughly 38500 word)...