Study On The Problems Of Rescission Of Contract

Rescission of contract, as the important part of the contract law, is more and more valued by both the legislation and justice of many countries. Being based on the living contract law of China, the analyses on the related domestic and outside theories and legislation of rescission of contract, the author applies comparing method to make a deep analysis and systematic study on several important theory problems in the modern system of rescission of contract. On analysis, the dissertation probs the advantages and disadvantages of our country's system of contract rescission and aims at establishing an ideal system of contract rescission.The dissertation contains five chapters. Chapter One introduction of contract rescission. Chapter Two is conditions of contractual rescission. Chapter Three is conditions of legal rescission. Chapter Four is analysis of the legal issues of procedure of contract rescission. Chapter Five is analysis of the effects on contracts rescission.In the Chapter One ,the author explores the concept of contract rescission, and analyzes it's characters.Chapter Two evaluates the two different ways of contractual rescission, that is negotiating rescission and contractual canceling right. Firstly confirm the value of the negotiating rescission in legislation through comparativing the controversial views. Then analyze it's characters and how the coincidence of the context affect on the rescission of contract. By comparing with the negotiating rescission and the attach condition contract evaluates the contractual canceling right.In the third part, on studying the limitation to the legal rescission of different countries'legislation, the author studies the concrete conditions of legal rescission in our contract law to make clear the advantages and disadvantages of them. Trying to clarify the such points as the change of situation should be more reasonable as one of the reasons which result in the legal rescission than force majeure does and the reasonability of legislate technique by running the criterion of fundamental breach through the concrete forms of breach of contract.Chapter Four is the part which the author try to analyze and probe the bundle of practical problems of exercise the contractual canceling right. Firstly, identify court of justice should bring in the verdict of confirming the right of contractual cancellation instand of rescind the contract directly in practice and give the beneficial suggestion to standard the justicial action. Secondly, the suggestions on time limit in system of contract recession are given. At last, the author makes clear the circumstances under which the right of rescinding contract shall be extinguished.In the last part, after explaining the theories on retroactivity of contract rescission, the author affirms the value of retroactivity of contract rescission and give suggestion to regulate intergrationally the retroactivity of contract rescission. As for the relations between contract rescission and compensation and the relations between contract rescission and penalty fee are also discussed.