Study On The Effect Of Contract Rescission

Rescission is an important basic system of contract law. Being based on the living contract law of china, the analyses on the related domestic and outside theories and legislation of rescission of contract, and the successful legislative experience, the author comprehensively applies many study methods to make a deep analysis and systematic study on effect of contract rescission. Chapter one discusses the object, character and value of contract rescission. Besides, it explains the reasons that exclude rescission through consultation from rescission system. Chapter two the author compares the effect of contract rescission to effects of other similar institutions. Chapter three the author also adopts the comparative way to discuss the difference about effect of continent law and common law. The author stresses on some issues of effect of contract rescission in Chapter four, such as restitution, compensation for damages and effect of especial clauses. The article indicates that restitution in contract rescission is an claim based on real right, compensation for damage includes compensations for performance interest and compensation beyond the compensation for damages for breach of contract, except acquirable benefit. The author also makes a research on the relation of contract rescission and penalty for breach of contract.