Legal Contract Relieve Research

The contract legal relief is an important part in the various countries' contract law system and occupies an important status in the contract system. In recent years the gravity center of contract law is changing from breaking contract behavior to consequence relief. The contract legal relief is becoming more and more important in the contract law system day after day. The reseach in our country about contract legal relief and its system is weak, often attached to the whole reseach of contract law. It's difficult to heave its status. There is a theoretical and practical significance to strengthen the reseach of the legal nature, the relief terms, the legal effect and exercise procedure. This thesis makes use of the comparative analysis method, analyzes the flaws which our country 's contract legal relief has, gives some beneficial comments on the consummation of contract legal relief. Besides the introduction and the concluding remark, the thesis is divided in four parts.The first part is a general analysis of contract legal relief. The thesis makes a brief analysis of the basis theory of contract legal relief through the introduction of the historical evolution of foreign countries' contract legal relief and the legislation of our country's contract legal relief. Secondly, through comparative analysis of the contract legal relief concept, its theoretical connotation should be cleared up. Finally, the thesis analyses the localization and the function of contract legal relief and proposes own opinions.The second part is about the suitable situations of the contract legal relief. The gravity center of contract reilief is legal relief terms, that of legal relief is legal relief documents. The thesis takes paragraph 94 of our country's "Contract Law" as a clue, carries on a deep reserch of the suitable situations of the contract legal relief through comparative analysis of the two big legal systems and the relevant regulations of international legislation, and puts forward some proposals to consummate our country's contract legal relief system.The third part is about the legal power of the contract legal relief. The thesis carries on a preliminary analysis on retrospective effect of contract relief, analyses and reserchs restoring original situation and restitution after contract legal relief, and proposes in this foundation own viewpoints.The fourth part is about the exercising of the contract legal relief right. The thesis emphatically carries on an elaboration on the exercising subject, procedure and elimination of the contract legal relief, points out some imperfect places in the stipulation about exercising contract legal relief and proposes improvement methods.The contract legal relief system is relatively weak in our country's legislation and theoretical reserch. Therefore, it is necessary to profit from advanced experience of other countries and regions. But this kind of comparison model should be observed from multi- angles, and links to our country's reality. At the same time, it is in the present stage also an urgent foundational work to interpret and clear up some relevant concepts and to improve the expressions accuracy.