The Expectant Interest Indemnity After The Termination Of The Contract

The contract is the product of the parties' agreement.Valid contract has the legal effect to both parties and should be properly performed,not be changed or terminated randomly. " Each one of us are actually thrilled because of management concepts caused by each commitment." When the contract causes trouble to the parties because of subjective and objective changes,blindly adhering to the strict traditional principles will not only result in that both parties cannot separate from meaningless contract and gain less interests, but also cause unnecessary resource waste to the whole society. The system of rescission of contract is an important system in the contact law field, whose value lies in protecting the legitimate rights and interests and safeguarding the normal trade order in the market to promote trade. In current judicial practice, especially civil trials in the local courts at the grassroots level, the cases of termination of contract dispute not only grow in number,but due to unclear legal regulations,the scales in related are also difficult to be reunified and treated.This article is based on China's contract law,the relevant judicial interpretation and judicial practice.Combined with the focus in the cases, I analyze and study the application, means, and legal consequences and other related problems in the contact rescission, and at the same time also explain my own views on somerelated problems.In addition to the introduction and conclusion, the article is divided into three partThe first part introduces the case that the plaintiff requests rescission of the contract in a housing sale disputes and offers corresponding problems. The main focus of the case includes whether achieve the right to terminate a contract, the way of exercising the recission right and the contract damages whether includes the loss of gainful benefits.The second part is about the theoretical research and thinking of focus problems. Firstly,this article elaborates the concept and value of the system of contract rescission from the connotation,that is to respect and guarantee the parties' requests and achieve fairness and justice.In the relevant focus problems of the case,I analyse the delayed condition.Secondly,I point out that the party requesting the court to cancel the contact is the embodiment of exercising his relief right,and the party with the right can be able to sue to the court to terminate the contact.Thirdly,through the analyst ,the loss of gainful benefit in contact rescission should be considered by different circumstances. The third part is the conclusion of the study, the focus of a comprehensive case analysis, conclusion.