Statutory Right Of Cancellation Of Contract

Termination of the contract system, though not the principle of freedom of contract is destroyed, but the contract does is to lift the statutory contract "pacta sunt servanda," the breakthrough is the effect of non-normal end of the contract. Termination of the contract system has an important role is to protect the interests of the parties and the maintenance of social security is an important trading system. If the statutory conditions for the lifting of the settings are too strict and will lead to sick people is very difficult to get out of the contract. Otherwise easily go the other extreme, that termination of the contract abuse. Thereby endangering the social order and security of economic transactions. In this paper, case study and analysis of foreign legislation on the basis of the statutory right of cancellation of the contract trends are discussed. With their own statutory right of cancellation of our contract awareness and analysis, of which there are some problems is reviewed, and put forward some suggestions.PartⅠ:the lifting of the contract through an overview of the system, elaborated on the concept of contract is terminated, characteristics; the type of termination of the contract, termination of the contract and related systems is different from the contact. To help us to understand more deeply the concept of statutory right of cancellation contract, characteristics, and its unique value proposition;PartⅡ:First, from the perspective of comparative law, international law on two legal documents in the contract with the lifting of the statutory causes of similarities and differences. Thus conclude that the statutory release because of the convergence characteristics, on the basis of our legal contract, a detailed analysis of the reasons for the lifting and pointing out the deficiencies;PartⅢ:the right of cancellation of the first study to compare the exercise mode, while the exercise of our statutory right of cancellation in the study the issue. In addition, the exercise of the right of cancellation period, objections to other aspects of the problems during the summary.PartⅣ:The effect on the core issue of termination of the contract, that contract is terminated with or without retroactive effect, comparative studies, as well as damages for termination of the contract and other issues. Pointed out that China's "Contract Law" in the provisions of the contract to lift the consequences in terms of defects and deficiencies. Part V:The foregoing research and analysis, such as:one should be given retroactive termination of the contract, contract damages should include the interests of the trust and some perfect system of statutory right of cancellation of China's contract proposal.Part VI:The article discusses the overall analysis and make a summary. Expectations of our own research contracts can improve the system of statutory right of cancellation benefit.