Study On The System Of The Legal Rescission Of Contract In China

The legal rescission of contract in china was established with the development of economy. The law gives the parties right to terminate the contract. It is good at protecting the interests of the parties. However, the legal rescission of contract is not studied in-depth, so there are some problems in practice. Departure from the basic theory of the legal rescission of contract, this paper analysis the problems of the system and give some advices. Firstly, chapter â…  introduces the development of history and the basic theory of the legal rescission of contract. Then, chapter â…¡ described in detail the main content of the system of the legal rescission of contract, including the condition, manner, deadline and effect. Chapter â…¢ analysis the legal rescission of contract in-depth and point out the problems. Such as the incomplete of the condition of rescission, the uncertainty of the manner, deadline and the effect. Lastly, chapter IV explore the ways to improve the system of the legal rescission of contract. For example, on the condition of rescission, we can add objective condition into the condition of rescission, introduce the concept of the "fundamental breach", coordinate the anticipatory breach of contract and disturbe defense and adjust provision of the delay of performance; on the manner of rescission, we must clear the effect of the notice and require the notice to be written; on the deadline of rescission,we should sure the deadline of the legal rescission of contract and the criteria of "reasonable period", the law should give the right to the parties to limit the deadline of rescission; on the effect of rescission, the law must clear the applicable standards of retroactive, the nature of restitution and the scope of the unified compensation for loss.