Effect Problem To Terminate A Contract

Chinese contract terminate a contract system is an important system. and it effects of the study has been a domestic and international law, academic interest. for overseas legislation and theoretical basis for disarmament in recent years the contract with the contract terminated retrospective subject of controversy, and the judicial practice of law applied to different consequences, especially our contract law of the will of the contract as terminate the contract rights and obligations under the circumstances, As to whether it has a retrospective problem and was also in the field of our civil law has caused some theoretical disputes. And because the contract is terminated and contract termination situations different and treatment for the consequences to the judicial practice differences, also bring trouble.This article mainly on the contract and the legislature of the theory and practice of the problem, and the legislature of the concept of changes in recent years, and the contract law on the question of the provisions of the law promulgated and implemented, the supreme people's court issued the judicial interpretation is provided, the judicial practice in some cases, and analysis with a view to achieving a better guide the practical purpose. Of these, briefly introduce the contract, rescind the meaning of the theory of both internal and external and domestic legislation to different practice of the specific way. combined with the relevant provisions contract law, different forms of the contract with the analysis. Especially around legal remove cases to terminate a contract effectiveness defined problem, the leading to contract further spread, the legal notification, remove the nature of this notice whether must remove notice, the legal right to terminate a contract exercise program, playing to terminate a contract, and the influence of the way to terminate the contract to notify the legal remedy etc., and to terminate a contract effectiveness relevant restorable, damages, profit. At the same time for our current law issues related to the improvement of legislation, make positive suggestions.The comprehensive use of theory and empirical research methods, in a contract related to the effect abroad theory and legislation on the basis of experience in recent years, the international convention for the common rules, With our current contract to contract out of the retrospective, restoration, damages in recent years, and practice more and more have to wait for the interests of the contract with the problem, particularly with the judicial practice is concerned with the statutory process of the contract from the notice on several important and real problem of intensive study. To contract by the force of research, find that our tcontract law related problems in the civil code in the formulation of course, can be solved, and eventually to form foreign policy, china's advanced legislation in conformity with specifications from the contract system.