Font Size: a A A

On The Release Of Contract

Posted on:2013-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:W H FanFull Text:PDF
GTID:2176330434972909Subject:Law
Abstract/Summary:PDF Full Text Request
The termination of the contract system is an important system in the modern contract law as a breach of contract remedies, the law gives the injured party the means to protect their own interests in the case of default of the counterparty, the victims can only accept Unlike contracted expect to get out of the performance of the plight of, to timely eliminate or reduce the losses caused by the default of the counterparty. Contract law of the people’s republic of China assimilates the experiences on legislation and the latest theories in both Civil law and Common law, Made a unified regulations on termination of the contract, its merits."Contract Law" still exist many unreasonable and unclear, and has yet to make a clear interpretation of the concept of termination of the contract, whether the retroactive effect of the termination of the contract, as well as the termination of the contract to restore the status quo ante and damages problem, there is a lot of debate, the resulting lack of judicial practice operability.Comparative study of this thesis, logical analysis, historical analysis, and combined with the judicial practice in the contract to lift the legal issues, the analysis of the concept of termination of the contract, the nature of comparative Two Schools and the International Convention on the legislative and doctrines, and combined with our "Contract Law" Problems, research and discussion of the legal reasons for termination of the contract, the retroactive effect of the termination of the contract, the contract is terminated after restitution and damages made system. The text is divided into four chapters, about30,000words.The first chapter of the re-definition of the concept of termination of the contract. The first section of the lifting of the contract is defined as:Valid Contract satisfactorily fulfill until the contract a party upon the exercise of statutory or contractual right of cancellation, the validity of the contract retroactive elimination of unilateral legal acts. And analysis of the constituent elements and the nature of the termination of the contract. The difference between the second section focuses on the termination of the contract, the contract termination, the contract is null and void, contract changes and contract with dissolving conditions of contract and other related systems. The second chapter of the Common Law and the Civil Law and the International Covenant on termination of the contract system were compared. The first section focus on the effects of the system of civil law in France and Germany, the termination of the contract, Section II of the emphasis on the common law system in the United Kingdom and the United States contract release system, the third quarter mainly inspected in the International Covenant on contract release system.Chapter of the subject matter of the termination of the contract system. The first section focus on the analysis of the evolution of the legal system of our contract and the structure of the system of our current contract is terminated. The second section analyzes the subject matter of contract legal release pointed out that in the case of force majeure can not achieve the purpose of the contract, creditors and debtors have the right to terminate the contract; focusing on to analyze fundamental breach of contract, anticipatory breach of contract and delay the performance of the grace period provisions are can be summed up as one of the case of fundamental breach of contract and fundamental breach of the evolution of the constituent elements and effects the focus of analysis.The fourth chapter analyzes the effect of termination of the contract. The first section analyzes have retroactive effect of the termination of the contract, and compare the three theories that should have retroactive effect after the termination of the contract on the termination of the contract retroactive effect. The second section analyzes the termination of the contract and the relationship of restitution, restitution connotation analyzed and compared the form of legislation of the countries on the extent of the restitution. Section Ⅲ provides an analysis of the relationship of the termination of the contract and damages, damages analyzed three points of view and range of damages, that the termination of the contract and damages that can co-exist, the scope of damages should the injured party to the economic status restored to the contract assumes that he should fulfill the economic status, should contain the loss of benefits.
Keywords/Search Tags:termination of the contract, fundamental breach of contract, retroactive effect, damages
PDF Full Text Request
Related items