Study On The Contract Legal Rescission Right

The contract legal rescission right is a right that the parties are entitled by the law to make the contract disappear retroactively or to the future when some conditions happen. The stipulation about it in our contract law is clear but not so detailed. When we analyze a light we often spread from the cause of formation, the performance and the effectiveness of the right. It is fit with the main logical level of understanding objects.About the causes of the contract legal rescission right, our contract law adopts enumerative ways to rule from force majeure, anticipatory reputation, performance in delay and other breach. Our contract law set up a special term which makes its inclusive confine extensive largely to absorb the stipulations on the causes of rescission in the contract law specific provisions and other laws. However present article about each situation is more curtness than detailed. For example the second item of the present article about the anticipatory reputation is just rule that when one of the parties to a contract expressly repudiates the performance of his main part of the contract or his deed can be presumed that he will not perform the main contract obligation. However it is after all what kind of deed, we do not know that. In practice what standard can we accord to when we decide .The clear stipulation is still missing. The standard that our contract law appraises the contract rescission right basic on is if it makes the contract aim cannot come true. The aim of contract is the most important item for deciding. But the standard is just a summary mark the specific stipulations about the referential items are missing, which brings much trouble to juridical practice. Although our contract law is not so perfect, it is useful to our practice and it is created for the benefit of our people. Marcus Tullius Cicero said that law is the agreement of reason and nature, the distinction between the just and the unjust. Our contract law aims at protecting the legal interest of the parties and protecting the social economic order, so it is easy to think out that economic interest is inclusive the contract aim, but that is not enough. The party of a contract may think more than the economic interest. For all that if the aim can not be known or presumed by a rational people and both of them do not expressly that the importance to the contract, it is not equitable to require that the other party accept the restrict of this kind of aim.In relation to the performance of rescission right, there are three rescission modes which impersonate in external correlative law-making stipulations, hereinto the meaning rescission mode is coming up to the current trend of development .Our contract also adopt the meaning rescission mode, but the stipulation is not so clear. When the party performs the rescission right to discharge the contract, giving the notice to the other party is need. The notice here is just on behalf of a method of meaning delivery. Provided always that it can pass the rescission meaning to the other party is the feasible notice way. Rescission become effective at the time of the rescission meaning delivered to the other party and the consent of the other party is not the major condition of efficacy. The rescission right which is performed by the party of the contract is restricting by the law or agrees on by the parties. If both of the circumstance is not existence, the party who is warned by the other party should perform the rescission right in the reasonable time, otherwise the right that he have and hold will exterminate. In practice the receptacle extent and interest of the party who give the warning and the other party is both considered when the party to fix a more reasonable time. Everybody knows that where there is a right, there is a remedy. When the party of a contract performs the contract rescission right, the law set a time to restrict the righter and remedy the obligator. Through the restrain and the time people may know the guide orientation of law-making. The party of a contract will find that if a contract is established, the parties should perform their obligation hardly except that something happens and there is no need and possibility to remedy. In other words only this kind of circumstance occurs, the rescission is feasible. It is not an unbending way, the party of a contract need to be cautious when he decides to do that. The law permits rescission to occur while ensuring that it is a rational and minimally disruptive process.In regard to the effectiveness of the contract rescission, there are main two facts. One aspect is about the retroactive effect and the other one is in relation to the compensation of damages. There is retroactive effect when people discharge a contract, in other words the contract rescission possesses the retroactivity, but it not means that restitution must happen. It is indeterminate because the retroactivity is a kind of retroactive ability in other words it is just on behalf of a possibility. The party has and holds the right to decide if make the possibility give birth to actual retroactive efficiency basic on the specific circumstance. The party may choose to make the retroactivity give play to actual efficiency, choose the restoration of the original conditions, if it is still not enough to make up the damages, the party of the contract is also authorized to claim compensation. The loss that the party claims to remedy should be clear and evident. To the party who performs the contract rescission right, the loss is mainly about the compensation in case of impossibility of performance, improper performance and the fees occur in the way of restitution. That is the extent of the compensation of the contract rescission right.