Discussion About Responsibility Of The Return Of Property Caused By Void Contract

The phenomenon, in the private law practice, occurs frequently that contracts are null and void. Legal consequences similar to that of avoidance of the contract happen when changeable or revocable contract are canceled as well as the termination of the contract.The Article 58 of Contract law, China, prescribes that prosperities should be returned from the contract after it is invalid of withdraw, or given a corresponding compensation while the prosperity cannot be returned or the return is unnecessary. The party at fault shall compensate the other one for losses suffered if both sides are at fault, bear their respective responsibilities.Therefore, consequences follow after contracts turn out to be invalid that the return of property, a discount of compensation and the pay of damages. However, the legislation fails to set the basis of liability to return the property, namely we cannot get a definite criterion that the claim for restitution of property followed by invalid contract derives from the right of claiming (argument A refers to it next), or creditor claims (B instead). We should focus on these problems encountered in the judicial practice and make them through. In this paper, I will do my utmost to make me understood and tackle such tricky problems.The text is divided into four parts apart from the introduction and conclusion.Firstly, I will analyze the problem relative to the basis of the right of claim.Discussion about the nature of the return of property has always existed, furthermore and such two different arguments as A or unjust enrichment claim gradually cooperate to allow the existence of two competing rights. I advise to legalize the right of claiming and determine the nature of return of the property according to the specific facts of the case in judicial practice as to fulfill the legislation's intention.Secondly, we will swift to topic how to calculate the number of the return of property, In the first, propose the standard we should abide by, that is to return to the state prior to entering into the contract. Then, discuss the scope of the return, yield calculations, whether the need for compensation for the depreciation of property or not, and impacts arouse by changes of the monetary value. Finally, talk about the burden of costs and the risks followed by the returnThirdly, analyze the discount compensation liability, which is a special way for responsibility of the return to compensate the loss with money. We adopt it just when fail to return the property or there is no need.Next, point out that the nature of discount compensation to which the principle of fault fails to apply, differ from compensation for damages. By the way, I prop up the objective view and give some examples.Lastly, have a talk about the thesis the return followed by illegal reasons, which has been proscribed in legislation in many countries of the civil law and common law system to maintain social order and good morals.However, critics of the system always exist that the mode, "principle plus exceptions "fails to solve all the problem under the system. In this paper, analyze the core issues that the return or not followed by payment for illegal reasons; enunciate the reasons for the existence of each principle and role. Then, describe the illegal use of payment systems in china in the form of case as well as putting forward the author's appointment.