On The Right Of Cancellation Of The Contract

The legal system of contract rescission right in China has its own characters, as well as problems which can not meet the requirements of the economic development. It cannot regulate the behavior of the trade subjects well, and the trade subjects do not have clear ideas of problems related to them. All above mentioned questions have been reflected in judicial practice and need to be resolved by legal research. The purpose of this essay is to search for the effective way to improve the legal system of contract rescission right in China through discussion of the common regulations of the rescission right of contract; observation of the evolving principles and developing trend of the rescission right of contract; and research of the rescission right of contract contained in the current legal system of China. This essay is divided into three parts for further analysis. Part one introduces and analyzes the general theory of the rescission right of contract. On the basis of defining the connotation of the rescission right of contract, this part analyzes the determinant factors for the rescission right of contract. The legal attribute of the rescission right of contract is emphatically discussed. From the author's point of view, the rescission right of contract shall fall into the scope of the right of formation in terms of it's exercising effect, but be deemed as a secondary right against the creditor's right. Part two focuses on the transverse and longitudinal observations and analysis of the evolvement and developing trend of the system of the rescission right of contract. On the grounds of the regularity of history and legal system, this part is divided into three parts: Roman Law and the system of rescission right of contract; the system of rescission right of contract in Civil Law System; the system of the dissolution right of the contract in Common Law System; the system of rescission right of contract in international regulations. Among civil law countries, French and German systems of rescission right of contract have been chosen for the observation and analysis. No countries are chosen as an example but the general observation and analysis are adopted in the Common Law System. United Nations Convention on Contracts for the International Sale of Goods and Principles of International Commercial Contracts are chosen and analyzed in the international regulations. Part three introduced the author's suggestions to the legislative improvement of the current rescission contract system in China. The purpose of this part is to carry out analysis and retrospect concerning the rescission right of contract in current system, and give advices on the improvement of the rescission right of contract. The advices are given in four aspects: the amelioration of the legislative formats; arising reasons and their compositions; exercise effects and exercise procedures.