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On The Legal Right Of Release Of Contract

Posted on:2015-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:L YuFull Text:PDF
GTID:2176330422481108Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The system of Legal Rescission of Contract was created during the development ofContract Law,but not at the beginning of it. The whole system of Legal Rescission ofContract is ruled by the law,such as its exercise of the main body and the exercise ofcontents. The Chinese legislators drew lessons from foreign advanced legislationexperience when they drafted the Legal Rescission part of Contract law.They ruled forcemajeure and anticipatory breach of contract and fundamental breach of contract and delayin performance of contract as the condition of the Legal Rescission.Among them, the rulesof anticipatory breach of contract and fundamental breach of contract are new articles inour Contract law.Although the application of the Legal Rescission causes all kind ofproblems, the Legal Rescission of our Contract law is a successful legislation example.Inaddition,second judicial interpretation of Contract law accepted the instruction changeprinciple as the condition of terminating the contract.It is a great improvement to ourlegislation.parties can file suit to terminate the contract. It is the reason why I discuss therule in a paper all about the right of Legal Rescission of Contract.On the other hand, Idiscuss the process and the legal power of the contract legal relief.Anyway,I tried to solvethe problems of Legal Rescission of Contract in the existed laws instead of creating newlaws or revised laws.Because the stability of the law makes it impossible to be changedeasily;on the other hand,The hysteresis quality of law may spur us on to solving problemsby taking the greatest advantages of existing resources.
Keywords/Search Tags:Legal Rescission of Contract, force majeure, retrospective effect, compensation fordamages
PDF Full Text Request
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