Contract Law On The Right To Revoke A Comparative Analysis

The theme of this paper is the number of contract law on a comparative analysis of avoidance. Avoidance system in countries around the world in both the civil legal system provides. Revocation of the right to exercise directly or indirectly lead to the eradication of civil legal relations. Therefore, as an important right, the right to revoke the civil legal system play a vital role. Contract law on the revocation of the right to directly or indirectly affect the rights and obligations of parties to the contract relationship. The purpose of the legislation for different reasons, China's "Contract Law" provides for the right to revoke the following: the contract of the offeror's revocation of the right; the effectiveness of the contract to be determined in good faith in the relative power of revocation; may revoke the revocation of the contract right; the preservation of debt avoidance of creditors; gift contract gift people the right to withdraw. Although the name had been branded as "the right to revoke," but the right to revoke the above-mentioned nature of the rights, legal values, rights, the exercise conditions, the legal effect and there exist many differences. In practice, the right to revoke these different kinds of awareness may lead to confusion in understanding the legal confusion. Therefore, it is necessary to contract law on the right to revoke the above-mentioned a few grooming and make a comparative analysis. Thereby helping to set up the right to revoke the Contract Law of the systematic understanding of the system.In this paper, the first chapter on contract law to revoke the right to be an overview of the system. Avoidance system are removed from the ancient Roman law v., initially established for the purpose of bankruptcy. With the development of commodity economy to revoke the right to expand the scope of application is an inevitable trend. Revocation of the right to adjust a wide range of legal relations between the existence of an objective need, but understanding and practice in the legal process is easy to confuse. The classification of the legal concept of the right to contribute to clarity of meaning and the relationship between rights. On the analysis of the legal value of the right to direct the establishment of the rights of legislators to reflect the legislative intent and the effect of the impact of the exercise of rights. Therefore, the part of the subsequent revocation of the right combination of theory and the existing legal norms on the contract law of the right to withdraw from the nature of the exercise of the rights of the principal to revoke the subject of classified areas. Then the value from a legal point of view of contract law on the revocation of the right value system for analysis. Article in order to facilitate follow-up of different parts of the right to revoke in-depth comparative analysis.Chapter II of this article focuses on the effectiveness of an offer to be revoked and the right to revoke the contract related issues. The conclusion of the contract from the contract to set up, the entry into force of the stage of discharge of view, the effectiveness of an offer to be revoked and the right to revoke the contract before the entry into force are in the contract. In the legal nature of the two to remove the object, resulting in the elimination of, and consequences of the exercise is similar, but both end in the contract law has different meanings. Therefore, the chapters from the nature of their exercise conditions conducted on both the individual analysis, and, in this based on a difference between the comparative analysis. At the same time, in the first part of Chapter interspersed with the right to revoke the offer for the right to revoke the legitimacy of the other comparison.Chapter III of this article the main phase of the contract to fulfill the right to revoke the two, that is, the creditor the right to revoke the contract and may revoke the right to revoke the relevant issues in depth. Continuation of the previous chapter section of this chapter the research idea, that is, the analysis of the individual based on a comparative analysis of different individuals. The first part of this chapter focus on the nature of the creditor the right to revoke its elements to start. Creditors the right to withdraw the request to clarify the nature of some of the major power, and compromise formation theory that the three views, and compromise that focuses on the merits. Creditors the right to withdraw from some elements of objective and subjective elements of the two elements, in order to rely on legal norms and with the relevant theory is discussed. Can be revoked as a result of the right to revoke the contract based on fraud, duress, a major misunderstanding, on others' insecurity and unconscionability arose five revoked, making the revocation of the right to show the complexity of diversity itself. It is therefore necessary to withdraw the subject from the perspective of the contract may revoke the right to revoke the individual analysis. Analysis of the two individuals on the basis of the combination with earlier analysis of the conclusions of the third part of this chapter to revoke the right of creditors, the effectiveness of the right to revoke the contract to be determined and may revoke the right to revoke the contract for the object, the nature of the three from the right, right reasons, the scope and validity of rights arising from legal requirements, therefore, eliminated the right circumstances, the consequences of the exercise of their rights, the exercise of the right to request the six aspects of the analysis of the differences.Chapter IV of this article the main contract for the grant the right to revoke the contract law system to explore the status. And other contract law on the revocation of the right is different from the right to revoke the gift by the provisions of the contract in part, sub-contract law. From the legal analysis, the exercise of the right to revoke the conditions of contract law than the avoidance of other more liberal, to highlight the rights of legislators to grant the concern and attention. Therefore, the revocation of the establishment of the right to a peremptory norm of strong colors. This article is the first grant the right to revoke the contract outlined the contents of, respectively, removed from any revocation of rights and the statutory right to be on the point of view. The second part of this article were to grant the right to revoke the right to revoke the contract law, the status of the status of the system to explore the issue. The first part means that as the breakthrough point, the method of comparative analysis to clarify the right to revoke the grant contract and other similarities and differences between the right to withdraw. On this basis, the relationship between debt in order to be representative for the creditors the right to revoke comparison, focusing on the differences between a comparative analysis.Chapter V of this article from three aspects of contract law on the revocation of the right to explore the relevant issues. The first part of the chapter is the main content of contract law on the right to revoke the rights of competing with other issues, the focus in order to revoke the right to revoke the contract for the comparison. May revoke the contract, including the right to revoke the contract, as well as comparative analysis of may revoke the contract null and void the contract system and analysis system, such as differences in content. The rights of two kinds of comparative analysis of the system, the revocation of the right to further expand the vision of a comparative analysis will help in the judicial practice of the right to exercise the relevant right. The second part of the chapter the right to remove the perspective of improving the system through the existing legal regulation of the analysis, combined with theory and legislative experience at home and abroad, put forward a sound system of the creditors the right to withdraw, revoke the contract and grant the right to revoke the right to revoke the contract system-related legislative proposals.In this paper, focusing on contract law has the right to remove a comparative analysis of the main. Thinking of writing this article is the analysis of the individual, based on different or similar to the difference between the revocation of the right to carry out a comparative analysis. Purpose is to more clearly define the different contract law the right to revoke the right, in its nature, the exercise conditions, laws and other legal effect of the value and there are many differences and similarities. Contract law in order to promote the right to revoke the right of several discharge and related theories in depth. However, from a comparative point of view, the right to revoke the system of contract law, there are still many issues and details worthy of further study.