On Statutory Contract To Lift The System

The lawful rescission of contract is an important institution in Contract Law. The Contract Law of China adopted two institutions which are peculiar in the system of Anglo-American law: fundamental breach of contract and anticipatory breach of contract and established a perfect system of the lawful rescission of contract. With the comparative research way the paper explains the defects of the lawful rescission of contract institution on the basis of the study and analysis on the lawful rescission of contract of the substantial law of International Commercial Contract. For example: It regards the force majeure as one of the reasons to terminate the contract; and under the conditions of diminished expectation the stipulation of the standard is irrational. Then the paper puts forward the legislative suggestion to them. Simultaneously, it poses the mode of judgment that in the concrete practice of the rescission of contract the criterion to judge the fundamental breach of contract should be defined according to the specific breach forms.