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The Dissertation Of The Conditions Of Rescission Of Contracts

Posted on:2006-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:J M LiFull Text:PDF
GTID:2166360182483669Subject:Law
Abstract/Summary:PDF Full Text Request
The institution of rescission of contracts is an important institution inmodern contract law. Though the conditions of "rescission of contracts"is the core of rescission of contracts institution. Researchers have done alot in studying on this subject since the new contract law has beenpromulgated. but the depth and comprehensiveness of researches theresearchers have achieved are by no means at most. Thereby differentunderstanding and improper application to conditions of "rescission ofcontracts" in judicial practice , result in prevalent abusing conditions of"rescission of contracts". This dissertation aims to dissertate more aboutthe institution in theory by the method of comparative analysis, and hopeto put forward some improving academic suggestions to the conditions ofrescission of contracts in China. The dissertation mainly dissertate thefollowing there questions:First, the outline of the conditions of "rescission of contracts". Thedissertation dissertate this questions from three aspects, that is the rescission ofcontracts and the conditions of rescission of contracts , the kind of conditions of"rescission of contracts", the improving of conditions of "rescission ofcontracts". The author want to emphasize the importance of the conditionsof "rescission of contracts" in legislation and judicature by dissertating theimportance of conditions of "rescission of contracts".Second, the conditions of "rescission of contracts". This part is thekeystone of this dissertation . In order to make the research to be moreclarifying and more intensive, the author respectively discusses the agreedconditions and statutory conditions of rescission of contracts. In thesection of "statutory conditions of rescission of contracts", the authorrespectively studies rescission of contracts under the conditions of forcemajeure, the anticipating breach of contract and the actual breach ofcontract, and bring forward the author's suggestions theoretically aboutmodifying the correspondent terms of the contract law of PRC.Third, the application rule to the conditions of "rescission of the contract".In order to prevent the conditions of "rescission of contracts" being abused, thedissertation made three suggestions about the application of conditions of"rescission of contracts" around the aim of contract law .And all the suggestionsin an attempt to maintain the stability of contract and ensure the security oftransaction.In a word, the author attempts to research the conditions of rescission ofcontracts by the comparative analytic method from three aspects above, and bringforward theoretically improving suggestions on the conditions of rescission ofcontracts the new contract law confirms. The dissertation might be imperfect andsuperficial owing to the great width and depth of the civil law and the profoundcontent of the institution of rescission of contracts. The author is looking forwardto the criticism and correction from instructors and students.
Keywords/Search Tags:contract, conditions, rescission
PDF Full Text Request
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