The Termination Of The Contract Legal Issues

Rescission of contract, which is the important part of contract law and the significant legal rule, occurs after the effect of contract, but before the start or the completement of the performance, according to the legal rules, the intention of one of the parties or the mutual agreement of parties, it can extinguish the civil rights and bligation from the beginning or in the future. And it is the unnormal termination to the effect of contract. The problem of rescission of contract is one of the most important problems on the study area of contract law, playing an unparalleled role in modern people's life, economical and social contract. Being based on the living contract law of China, the analyses on the related domestic and outside theories and legislation of rescission of contract, and the successful legislative experience and common rules of the developed countries and areas and the international treaties, the author comprehensively applies many study methods to make a deep analysis and systematic study on several important theory problems in the modern system of rescission of contract, and manages to announce the inner operating system of rescission of contract, and to build up the complete modern legal system.I. IntroductionBeginning with the development of contract, the author put forward the problems in the thesis, and clarifies the importance of rescission of contract in society, and the necessity of studying on the problem in the new situation.II. Contain of legal principle of rescission of contract Firstly, from the viewpoint of theory and legislation, the authorcontrasts and analyses the different viewpoints and usages of the definition of rescission of contract, makes the basic definition of rescission of contract, and then expounds the abundant contain oflegal principle of rescission of contract.III. Systematic value of rescission of contractBased on the modern market-oriented economy and the further development of international and domestic, civil and commercial trade after China entering WTO, the author discusses the four value pursuit of rescission of contract, as a legal system in society.IV. Contrast and analysis on rescission of contract and other close conceptsThe author makes a clear distinction between rescission of contract and several related legal concepts.V. Legal analysis on the forms of rescission of contractBy studying and analyzing on different countries's legislations of the forms of rescission of contract, combined with the related enactment of our current contract law, the author raises that there are five types of rescission of contract in our contract law, rescission through agreement, contractual rescission, legal rescission, contractual rescission subject to dissolving condition and judicial rescission.VI. Application of the law for conditions of rescission of contrastIn this part, the author mainly makes a concrete analysis and discussion on the three forms of rescission of contract, rescission through agreement, contractual rescission and legal rescission. On the base of analysing on rescission through agreement and contractual rescission, emphasizing on legal rescission of contract, the author contrasts the two genealories, makes an investigation on the rules of the legal conditions of rescission of contract in the international treaties and general principles, systematically discusses on the five concrete conditions of legal rescission of contract in current contract law and at last makes suggestion for the existing problems.VII. Analysis on legal problems of exercising the right ofrescinding contractAround the problem of exercising rescinding right, firstly, the author discusses the procedure followed in rescission of contract from the two aspects of exercising rescinding right and rescinding contract through agreement. Then, he discusses the legal restrictive problems for exercising the right of rescinding contract. At last, according to the legislative practice in the countries and areas of continental genealory...