China The Termination Of The Contract

Termination of the contract is a contract to terminate the effectiveness of a non-normal, as an important system business rules, in a market economy has an important position and function.Europe and the United States and other developed countries with strong economic strength and sound market economy system, they are some of the trade rules of the game in the international trade arena dominated.Therefore the termination of the contract system, their concepts and rules, by some countries or regions and relevant international conventions or international legislation adopted.China has become the international trade power, during the course of international trade, must be familiar with various trade rules, to know ourselves and know yourself.Termination of the contract system in China learn the advanced experience of some of the two legal systems, but there are still some issues to resolve.Reference and transplantation bold legislative experience and advanced two legal concepts, and actively with the international conventions and international practice interface, a contract to build the system lifting system and to continuously improve our termination of the contract system.This article, first introduced the civil law and common law meaning of the contract is terminated, by agreement with the agreement to lift the lifting and the lifting of the statutory distinction between the nature of the agreement lifted to prove the agreement to lift the concept of inclusion in the termination of the contract is reasonable, stress contractRescind the agreement should include the lifting of the statutory right of cancellation and the right to terminate a contract.Secondly, countries Contract Legal Relief comparison, specific, in-depth analysis of civil law in force majeure, circumstances change, common law contract frustration, as well as breach of contract to lift the delay performance, refusal to perform, not to meet, anticipatory breach of contract, etc.lifting of reasons, lack of perfecting our contract, the contract to lift up our system defects.Third, the exercise of right to rescind the contract to clarify the subject and the exercise of a clear contractual right to rescind the exercise period and exercise period of the right to raise objections on the right of cancellation to the elimination of the reasons for induction.Finally, that contract termination is retroactive, advocates the interests of contract damages to lift and trust co-exist, and clearly the scope of interests of the trust.