China Contract Statutory Lifting System

The institution of legal relief for contract is significant in contract law of today. Our scholars have made some achievements in this area. This thesis aims to research the legal relief for contract of the foreign countries and international conventions in conparative way , and to make my own comment. Meanwhile , I wish to rethink the shortness of our country's institution of rescission of contracts and to give some advices to improve the institution.This thesis mainly discuss four aspects of questions , as follows:The first part is the fundamental issue of institution of legal relief for contract. I try to analysis the various comprehension of the conception for legal relief for contract both here and abroad and to sketch out the basic picture of this conception. And then , the author want to analyses the nature and fuction of the institution of legal relief for contract, meanwhile, to made sure of the meaning of the institution.The second part is about the reason for the rescission of contracts. This part is the core of this institution ,and the focus of this thesis. I use the comparative and analyzing approach to research the statutory provisions both here and abroad, only to aim at making the research more clearly. In this part ,I also researched the theory of the force majeure, anticipatory breach of contract and fundamental breach of contract under the lifting of the state , and give the opinion to develop the relevant contents .The third part is about the invocation of the right of rescission. The necessary step of the rescission of contract. Only clarifying the way of invocation of the right of rescission can we rescind a contract correctly, as well as improve the procedure of the rescission of contract. The way of the improvement is firstly comparative the invocation of the right of rescission of forging countries , and give some advices to interpret the statutory provisions of our country.The forth part is about the effectiveness of the right of rescission. With the aim of clarifing the handling of performed payment, acquired benefit on the basis of the payment and the sustained losses, I analysis both the fundamental theory of civil law and the statutory provisions of rescission of contracts and compensation for damages , hoping to give suggestions about the validity of rescission of a contract under certain circumstances.Comparative the analysis of rescission of contract in front of this chapter. I draw the conclusions of China's current law system of rescission of contract. The thesis aim to put forward some reasonable advices in the way of anglicizing of leagal relief for contract. As a result of the Civil Code of the profound harmony With the lifting of the profound meaning of the system itself, the author's view it is inevitable that omissions in the shallow, I would urge teachers with Science correction.