Termination Of The Contract System Is A Comparative Study

The system of rescission of the contract is very important in Contract Law. When the contract cannot be normally fulfilled so that it cannot be realized , the rescission of a contract is frequently an effective method of making the litigants break away from the difficult position, and defend their legitimate rights and interests. " Contract Law " promulgated in 1999 based on our national conditions , and absorbed the successful experience of the legislations, the judicature, the theories and so on from two legal systems, it established the system of rescission of the contract. But there are still many problems. This thesis attempts to discuss further and analyze the flaws in the system of rescission of the Contract Law in a comparative way, in order to point out some useful suggestion of how to perfect the system of rescission of the contract . This article mainly studies the following four questions:The first part is about the definition of rescission of the contract and the value of the system . By comparing two legal systems with our country's Contract Law about the definition of rescission , and analysing the related theory, the author tries to prove that the agreement on rescinding contract being contained in the system of rescission is unreasonable . Therefore, the authour suggest that the agreement on rescinding contract should be removed from the system of rescission. Meanwhile the thesis discriminates "termination of the contract" from "cancellation of the contract" and so on connected with the system of rescission.The second section introduces the reasons of rescission of the contract . This is the emphasis of the thesis , furthermore, it is the core content of the system of rescission. Here the author mainly studies the reasons of rescission in continental law system , in common law system and in the international conventions . Then it analyzes deeply all kinds of legal reasons of rescission, finally discusses about the necessity to establish the system of change of circumstance and the doctrine of anticipatory breach.The third part studies how to exercise the right to rescind the contract and the validity of rescinding the contract. The author mainly introduces the differences of the method for exercising the right in many countries, for example, France, Japan, Germany, Britain and...