The Condition Of Rescinding Contracts Digest

Rescission of contracts is an important system in contract law, and it is one of main means of relief for contract parties to get rid of contract predicament. China's contract law is established in national conditions, absorbing experiences of Continental Legal System and Anglo-American Law System as reference. China's contract law regulates the system of rescinding contracts and provide legal basis for parties to rescind contracts. The assay analyze and compare the theories, precedents and legislations of the two main legal systems, combining respective rules of China's trail practice, give a deep exposition of the conditions of rescinding contracts. The assay reveals the disadvantages of China's respective legislation and suggests methods of improvement.Except the foreword and the concluding remarks, the assay is divided into three chapters.The first chapter:"Introduction of Contract Rescission System". In this chapter the author compare and analyze the different definition of rescinding contracts put forward by scholars from mainland and Taiwan. The author's opinion is the subject of rescinding contracts not only concludes the contracts that set up and become effective, but also concludes contracts haven't taken effect. The forms of rescinding contracts shouldn't contain rescission by agreement, but only concludes rescission by appointments and statutory rescission, of which is a unilateral rescission. Meanwhile, the assay expounds the value and features of the contract rescission system and the scope of rescinding contracts, while differentiating from other systems such as determination and abandonment of contracts and null contracts.The second chapter:"The condition of rescinding contracts". It's the key chapter the assay focuses on. The author think rescission by appointments reflects the parties'free wills, so the rights of rescission should be valuable unless it against public order or legal rules. Therefore the author focuses on the statutory conditions of rescinding contracts, discussing the statutory conditions of rescinding contracts from three angles of theory, legislation and trial practice, involving general statutory conditions and special conditions of rescinding contracts.The third chapter:"To improve the legislation of statutory conditions of rescission of contracts". In this chapter the author focuses on the disadvantages of China's contract legislation on statutory conditions of rescinding contracts as follows: not involving respective systems such as the institution of change of circumstance, having no clear regulations of fundamental breach, contradictions of application of law between anticipatory breach and Unstable Counterplea. Meanwhile the author carries out respective suggestions.