Right Of Revocation In Contract Law

As a private law in adjusting the commercial trade, the Contract Law's basic principle is to encourage trade. Commercial trade is a main part in the marketing economy, and thousands of trade form the integrated market. So the trading contract relation is the fundamental legal relation in the marketing economy. When we encourage the commercial trade, we should also emphasize legal justice, which is the essence of law and the principle of contract law, that is, we should notice the equality between the two parts in a contract, and the rational distribution between the liability and risk. The right of revocation in contract is a rather important civil law principal, it cannot only protect the both parts' lawful rights to realize the justice, but also defend the safety of dealing and maitain the social economic order. Relevant legal rules and regulations in China scattered in Civil Law, Economical Law and some legal explanations and department regulation in past years. Because of it's uncompletion, the right of revocation system had not been worked very well. When the new Contract Law issues, those principal right of revocation has been involved and definded, such as the right to revoke the offer, the third one's right of revocation, the right to revoke the contract, creditors' right of revocation ect. It has provided the legal basis for the parts of contract to use the right of revocation in a lawful way. And this system has been completed day by day. In another way, as the econmical situation becomes more and more complecated, there is more difficult to exercise these rights. Because different kinds of revocation are scattered in different legal relations, there are various definitions in their characters, form, and legal results etc. This makes more complication in legal exercise, as a result, more perplexities intheory. To support the people in exercising their rights of revocation to protect their legal rights, in this thesis, the author will begin with the stipulation of revocation, then expound the relavant theoretic and pratical problems through the basical theory of civil law in China and abroad, in order to improve and perfect the right of revocation system in Chinese's contract law.