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A Study On Statutory Right Of Dissolution

Posted on:2012-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:X Q FuFull Text:PDF
GTID:2166330335488245Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Dissolution of contract makes the original agreement about contractual rights and obligations of both parties attributed to elimination, it's the anomalies of the contract performance; it's the special phenomenon of the contract dissolution that one contractual party terminate the contract according to the law. The statutory dissolution of contract is the legal condition of the contract termination, when conditions having, the parties can terminate the contract directly, causing more disorder and chaos of market transactions, so it asks the legal adjustment and regulations need to be more clear and orderly. But countries'provisions and understanding to it are inconsistent whether in legislation or in the academic, brings the restriction to use or abuse to the statutory dissolution of contract in practice, damage to the principle of freedom and the principle of good faith of contract therefore need to be further standardized and improved. This article is based on the above considerations, selecting the reason to statutory dissolution, the exercise of the statutory right of dissolution, and legal consequences of statutory dissolution the three main issues to discuss, trying to seek the way to perfect our contract statutory dissolution system from a more systematic analysis.Paper is divided into four chapters, about three thousand words. The first chapter, "Overview of contract statutory right of dissolution." Makes a general statement to the object of this study by analyzing the concept of contract dissolution; Then analyzes the nature and the functions of contract statutory dissolution system; Finally, discusses the value of statutory right of dissolution, points out that this system guarantee the principles of fairness and justice, party autonomy and the maintenance of public interests. Chapter II, "The producing reason of contractual statutory right of dissolution." With relevant provisions of other countries and international organizations, and contact the specific cases, this chapter in-depth analyzes the main reasons to statutory dissolution, including fundamental breach of contract, anticipatory breach of contract, delay in performance and force majeure. Chapter III, "The practice of contract statutory right of dissolution." This chapter analyzes the subject, the way to practice, the restrictive provisions of the exercise and the relief to improper practice of statutory right of dissolution. Chapter IV,"The consequences of contract statutory right of dissolution." From the theory interpretation of the consequences of contract statutory dissolution, focus on depth analysis to the range of compensation for damages for breach of contract types, and use Taiwan area as an example, raised the facts and reasons of the scope of compensation is the performing interests which this paper said.
Keywords/Search Tags:Statutory right of dissolution, The reason to dissolution, The practice of contract statutory right of dissolution, Consequences of dissolution
PDF Full Text Request
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