Statutory Right Of Cancellation Of The Contract Research

The contract relieves is in a law of contract important basic system. According to the continental method logically coherent argument, the agreement relieves, the non-genuine contract relieves; The contract relieves all refers to the contract legally to relieve generally.The contract legal relieves the system to take one kind of violation remedial treatment, is the law entrusts with suffers injury the side to protect own benefit in the situation which opposite party breaks a contract the method, causes to suffer injury to accept is different promises in him when anticipated obtains in the fulfillment difficult position gets rid, because the prompt elimination or the reduction opposite party breaks a contract the loss which creates.Along with our country market economy system unceasing consummation, the contract behavior spreads people trading each domain.In the contract fulfillment, the contract which regarding main body reasons and so on right slight defect, violation behavior causes relieves the question, the present law still had certain loophole, also had the dispute in the trial practice.This article mainly relieves the system elementary theory according to the contract the question which meets in the practice to analyze from the practice angle to the common contract type, and proposes the corresponding solution.Because own level is limited, in the article the viewpoint has unavoidably is short of, asks respectfully the criticism to point out mistakes.This article mainly divides into following three parts:The first chapter main introduction understanding eliminates the power concept,the classification as well as with the related concept discrimination, is clear about this article to study relieves the power the connotation and the extension.Second chapter mainly introduced the contract relieves the procedure which the power exercises and, the way, the relative person's objection power which was clear about the contract to relieve which the power to exercise the main body, exercises as well as relieves the power effectiveness question.Third chapter mainly introduced the contract legal relieves the power in to exercise in the potency related theory question, after cleaned up has exercised the contract legally to relieve the power the legal effect, including traced back to go back to the strength question as well as the damage compensate question.Fourth chapter is the this article key chapter, the contract which the union preceding text introduced relieves the power elementary theory and the present legal rule, to the contract of sales, the house rents the contract, the contract of bailment and the insurance gathers same level common and has certain representative contract type in to relieve the question which the power exercises meets to conduct the analysis research, proposes author's viewpoint.