Reach On The Effect Of Contract Rescission

The contract Termination lads to the elimination of the contractual relationship, then is it retroactive elimination or only to the future eradication? After elimination of the contract, does the fulfilled debt need to return or not? How to return? Can you claim damages? If so, what is the scope and nature of damages? These are the problems of termination of the contract, due to the provisions of legislation'briefness on this issue, the view of scholars are different。Therefore, this paper is trying to get a more in-depth and clear understanding by using the comparing, empirical and logical methods to analysis he effectiveness of the relative and the doctrine and legislative cases of contract termination. the Paper is divided into five parts, thirty thousand words:Part 1 is mainly giving an overview of contract termination. This paper argues that deliberately termination is special to unilaterally termination, but it still has the common property of termination, not entirely different from the contract termination. Meanwhile, the establishment of contract termination system needs the guidance of legal value, so, the analyzing to the value of freedom, justice, benefit contained in the contract termination system is also necessary.Part 2 is mainly introducing the basic theories and Laws about the effect of the contract termination, to get a brief understanding of the progress of legislation and theory, to enhance our understanding to the effect of contract termination issues. Through the analyzing to the relative legislation and theory, it is easy to see, "the theory of liquidation means end" is worthy of learning in the legislative and judicial practice to our country.Part 3 is mainly about the contract termination and its retroactive effect. By analyzing the doctrine of retroactive effect, the contract termination issue, in fact, is a controversy about whether retroactive effect still exists after contract termination. The issues of whether retroactive effect still exists after contract termination and the choosing of doctrine as the basis of our legislation should fully consider the following factors:the nature of the contract, the legislative intent of contract termination, transaction security, accordance to the value of benefit and the principle of fairness. Through analyzing, the theory of "no retroactive effect" is more in line with the requirement of the above factors. Viewing deliberately termination is different from unilaterally termination and infracting termination, retroactive effect system is to build on the difference.Part4 is about contract termination and restitution. According to the theory of "no retroactive effect", the obligation of restitution occurred after the termination contract. The real reason of restitution claims is the legal fact of contract termination, one of its effects itself is the request of a right of restitution. Restitution claim is a specific claim based on the regulation of law; its nature is neither unjust enrichment claim nor a property restitution claim, but an independent claim. Restitution is to return to the state before entering into the contract for interests of the parties, the main range is the parties have fulfilled. The basic state of restitution is the return of the original payment, but a substitute for the original return or value of compensation should also be considered as restitution.Part 5 is mainly about the contract termination and damages. This part briefly introduces the legislative and judicial practice about the damages after contract termination in and out, Distinguishes different types of contract termination and determine the nature and extent of damages, especially the nature and range of damages caused by infracting termination. This paper argues that the nature of damages should be the non-performing debt; the range should include the possible benefits of the observant part, on the condition that the damages are caused by infracting termination.