Study On Legal Rescission Of Contract

Rescission of contract the issue of statutory contract theory and judicial practice, there has long been controversial, says it is difficult to form. This article rescission of contract from the statutory nature of the contract start, using the method of comparative study, in civil law countries, common law countries and China rescission of contracting. In the composition of the statutory reasons, the exercise of the procedures and the legal effect of conduct on, the basis of assessment, pointed out that the combination of their own understanding of China's Contract Law rescission of contract on the statutory provisions of the contract deficiencies, combined with the actual situation in China to further improve the proposal.In addition to a summary of this article and references, the four parts of a total of about 22 thousand words.Partâ… : the analysis of the statutory basis of the concept of rescission of contract through with the contract terminated, invalid, revoked comparison and other related systems, the paper pointed out that the main function of the statutory rescission of contract is given in the conditions of the achievements of the parties from the contract out of the right in order to shake off the shackles of the contract and reasonable to protect the interests of the parties. Finally in this section start from a legal analysis of the value of the contract rescission of contract the effectiveness of the statutory causes, given that the legal reason why one or both parties the right to terminate the contract, which is rooted in the pursuit of fair value.Partâ…¡: This part of delay from the discharge is expected to breach of contract, refused to carry out its not, the situation changes and force majored, such as the six aspects constitute the main reason for the contract rescission of contract, through civil law countries, common law countries and China six areas in the above-mentioned comparison of the lifting of the reasons that China's contract law in the contract to lift the statutory reasons for foreign legislation at the same time draw reasonable shortfall. The main performance deficiencies: 1. To conduct regular, non-periodic behavior to fulfill the contract delay resulting from blunt separate statutory rescission of contract easily understand the confusion; 2. In the provisions of anticipatory breach of contract also provides for a separate anxiety defenses, resulting in both in the scope of applicability overlap; 3. a result of accidents arising from the provisions of the contract rescission of contract only a force majored, it is difficult to adapt to complex and ever-changing economic situation.Partâ…¢: Comparison of the first part of the exercise of statutory rescission of contract abroad in three ways: to inform the lifting; litigation lifting; automatic discharge, on the basis of analysis of the three ways of their own characteristics and inadequacies of the provisions of contract law in China that the rescission of contractor the exercise notice, the contract at the same time in order to balance the interests of both parties, but also provides for non- rescission of contract have the right to dissent. And then from the civil law countries, common law countries and China on the legal effect of the exercise of statutory rescission of contract proceed to the comparison, this article of the contract after the lifting of the issue of retroactive effect, the contract and damages for the lifting of the relationship between a focus on the issue. Pointed out that part of China's contract law with regard to the exercise of rescission of contract provided for less than the force of law: 1. Sending a peremptory notice non- rescission of contract in the exercise of the rights of the other party can not specify a definite period; 2. Does not specify the contract after the lifting of damages based on.Partâ…£: In the overall study of China's contract law rescission of contract statutory basis, this paper should draw on the advantages of Two Legal and links to further improve their actual legal contract rescission of contract. Major improvements in four areas: 1. To conduct regular, non-regular performance of delay caused by acts of rescission of contract to make uniform provisions of the contract; 2. To further improve the system of anticipatory breach of contract; 3. The light of the experience of Germany, the introduction of legislation to change the principle of the situation; 4 . Should be clearly defined in the default Sending a peremptory notice the right to designate a specific period; 5. The provisions of interest to the trust as a basis for damages.In the improvement of China's statutory rescission of contract recommendations, there is perhaps a little innovation in this article, but because of limited space and lack of knowledge of the reserves, the research paper is still deficient, these deficiencies and shortcomings in the future wish to further learning and research be remedied.