Study On The System Of Legal Rescission Of Contract

The system of the legal rescission of contracts is an important system in modern contract law. Chinese law related to contract also regulates such a system. But with the social commercial relation becoming ever complicated, the system of the legal rescission of contract encounters both theoretical and practical challenges.In this thesis, the author studies the theory as well as some practical problems related to the system of the legal rescission, and puts forward his suggestions to the refinement of the system.This thesis consists of four chapters. In the first chapter, the author discusses the definition and the characteristics of the legal rescission of contracts. By comparing the legal rescission of contract and the relative systems, the author tries to identify the meaning of the legal rescission of contract.Chapter two is the key part of the thesis. In this chapter, the author mainly discusses the four causes of the legal rescission, including the irresistible force, the anticipatory breach of contract, the fundamental breach of contract. The innovation point of this chapter is that instead of simply introducing the causes of the legal rescission, the author moves on to analyze the meaning of the causes in theory, and puts forward practical suggestions on the refinement of the system of the legal restriction of contract.In chapter three, the author discusses the exercise and the extinguishment of the right of the legal rescission. Firstly, the author analyzes the different modes to exercise the right of legal rescission. He assumes that the right should be exercised by means of meaning notice. Secondly, the author discusses the reasons of the extinguishment of the right of the legal rescission.In chapter four, the author discusses the effectiveness of the legal rescission of the contract. Firstly, the author suggests that the effectiveness should be considered as retroactive in general. But as to some special contracts, such as continuous contracts, the author suggests the regulation of"termination"should be adopted by the law to prescribe. Secondly, the author discusses the problem how to settle the rights and duties of the former contract after rescission.