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Study On The Results Of The Legal Rescission Of Contract

Posted on:2012-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y C JiangFull Text:PDF
GTID:2166330335457627Subject:Comparison of the Law
Abstract/Summary:PDF Full Text Request
The legal rescission of contract is a very important means to balance the private interest relation of the two parties in the contract. As the relevant regulations about the results of rescission in contract law of our country are very primitively applied, there are lots of problems worth to be researched in the area of legal rescission.The context will explain and analyze the summarization of the system of rescission of contracts, retrospective effect, restitution and compensation for damages after rescission of contracts etc, in order to reorganize and analyze the legal results of legal rescission of contracts.The first chapter is the study on the summarization of the system of rescission of contracts. It basically outlines rescission of contracts by definition and limits the range of discussion. This chapter is the basic and point of departure of the whole context.The second chapter is the study on retrospective effect of rescission of contract. The standpoint of this context agrees with the settlement relationship theory. It is to say that rescission of contracts has no retrospective effect. It can not perish the contract. The relief rights and obligations still exist, and the effect of contracts will still continue in this range.The third chapter made a study on the rescission of contracts and restitution. The context analyzes the meaning, nature and range of restitution. Restitution means that the state of two parties' property rights restitute to the state of original rights and obligations. The basic contents include not only the return of original property but also the value compensation when the original property can not be returned. The fourth chapter is about the relationship between rescission of contracts and compensation for damages. Through comparing the foreign legislative patterns and relative rules, the nature and the range of compensation will be discussed in this chapter. The point of view of this context considers that compensation for damages after rescission should be covered with the positive interest.
Keywords/Search Tags:legal rescission of contract, retrospective effect, restitution, compensation for damages
PDF Full Text Request
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