Study On Legal Rescission Of Contract

As the remedies for breach of contract, legal rescission is a means granted by law for the injured party to protect his rights when the other party breaches of faith, and the injured party may be relieved from the duty to perform, avoids or decreases the losses caused by the other party in time.The dissertation starting from the concept of contract rescission theoretically explored the arising reasons and their compositions, exercise effect and exercise procedures and other specific mechanisms from the point of the comparative jurisprudence.Based on the the rescission right of contract in China's current law,the dissertation offer some feasible advices about the improvement. This dissertation consists of four chapters:Chapter one discusses the concept of contract rescissiontheoretically. First, it explains the concept.Secondly, it acknowledges that its effectiveness may be retroactive after the rescission. Thirdly, it explains the rescission right ofcontract in the overall layout of the civil law system. conditions.In chapter two, I mainly review the development of rescission system of Common law and Civil law and International law . They agree with each other more and more on legal rescission of contract.And then it explains the arising reasons and their compositions of legal rescission of contract.Chapter three discusses exercise procedures and exercise effect of legal rescission.First,it explains the exercise procedures simply.Secondly, it explains the rules in China's current law.Thirdly,it explains the effect of legal rescission.Chapter four discusses the retrospect and legislative improvement of the rescission contract system in China's Current Law. Through comparative analysis based on the aforesaid conclusions ,it offers some feasible advices about the improvement of the rescission right of contract.