Study On Legal Rescission Of Contract

The contract legal rescission right , as a remedy for the non-breaching party, has long been controversial in law theory and judicatory practices. This article begins with the concept and nature of the legal rescission of Contract,then discusses the arising reasons, execution, legal validity and extinction reasons, so as to distinct the intension and extension of the legal rescission of Contract, further to reveal the special features of the contract legal rescission right.Chapter one: the concept and nature of the contract legal rescission right. Firstly introduces the concept and classifications of the contract legal rescission right, and then discusses the concept and nature of it through the comparison to the revocability of a contract to have a better understanding of the contract legal rescission right.Chapter two: the arising reasons of the legal rescission of Contract. This chapter reveals the distinctions between the regulations about the the contract legal rescission right in the Continental Legal System, American Legal System and International Treaty through the comparison between them,and indicates the trend that the rules about the the the contract legal rescission right stipulated by all countries in the world are tending to be the same.Finally this chapter points out the successes and unsuccesses in our rules by analyzing the arising reasons of the contract legal rescission right of our country.Chapter three: The execution and legal validity of the contract legal rescission right. At the beginning of this chapter, discusses and compares three different ways of execution of the contract legal rescission right in foreign countries, analyses the legal validity of the rules about the contract legal rescission right in the two legal systems and points out the differences between them. In the end, analyses the legal validity of the contract legal rescission right in our Contract Law and expresses the author's point of view.Chapter four: the extinction of the contract legal rescission right. This chapter divides the extinction reasons by the followings two: general reasons and particular reasons and discusses in more detail accordingly. Chapter five: the analysis and optimizing of the legal rescission of Contract. This chapter is the last one, based on the front analysis and study of the contract legal rescission right, discusses the shortages of our Contract Law in its four aspects : arising reasons, execution procedures, legal validity and extinction, and proposes some suggestions.As a whole, this article intends to make the readers to have a comprehensive understanding about the inner system of the contract legal rescission right,and at the same time, get the readers to think further on the legal questions related to the contract legal rescission right.