On The Weakness Of The Defects Of Notice

The parties’right to dissolution of contract was stipulated in China’s Contract Law,inform to dissolution of contract is more better than judicial dissolution and automatic dissolution,yet there is also a flaw that the contract’s effectiveness is unknown lasting if counterpart can’t sue timely. And then The Supreme Court’ Interpretations of applying China’s Contract Law II complement this legal flaw,but simultaneously led to the opportunity to dissolution of contract without dissolution right as side effort.In order to eliminate this side effort,The Super Court demand every court must examine weather inform part has right to inform to dissolution of contract even if counterpart sue exceed contestable period.Although this eliminate the side effort,yet it make contestable period lose significance.So the legal flaw is still be there after a 16 years cycle.A legal flaw maybe produced by two situations:misappropriate the correct law or the law has self-defect.So this treatise is deliberate how to perfect inform dissolution of contract system based on above problems.This treatise is divided into three parts, the first part analyze the process of how to weaken inform to dissolution of contract system’s flaw; The second part demonstrate three reasons which generate and amplify the flaw; The third part demonstrate the necessary of weaken the flaw and try to come up with some new thinking. give the recommendations and analyze the recommendations’advantages and disadvantages.