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The Legal Analysis Of Pengcheng Company And Dacheng Company Sale Contract Dispute Case

Posted on:2013-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z R ShiFull Text:PDF
GTID:2246330371986304Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the contract law of our country, the termination of rights and obligations under the contract has many reasons. One of the most important reasons, among them, is the removal of the contract. The termination, performance, guarantee system, responsibility system of the contract compose a complete and strict Chinese contract law system. In recent years, the research on the problem of the right to terminate a contract is not only the hot debate in the jurisprudence theory circle, at the same time, one of the difficult points of judicial practice. The relevant provisions of the right to terminate a contract are not comprehensive enough in our civil contract law and there is no agreement on the right performance of a contract termination in the academic circles. As a result, in practice, it has an effect on the right to terminate a contract and the right to terminate a contract becomes the focus of controversy among many disputes.This paper is mainly through a case, making a specific analysis of the problem and the focus problems of controversy existing in the institution of the right to terminate a contract in contract law and then the author puts forward his own related suggestions measures. This article can be divided into three parts:the first part is main review of case, and a brief analysis of the focus problem about the right to terminate a contract;In the second part, the author makes a concrete analysis of the controversial focus with theoretical practice existing in the case, mainly including the main body of performing the right to terminate a contract of of the problem about the right to terminate a contract, whether an obligee can remove contract through the litigation or arbitration, the time limit problem of the right to terminate a contract and the effect problem after the exercise of the termination of the contract; The third part mainly summarize the shortcomings of the right to terminate a contract and puts forward related suggestions measures, such as to make clear the main body and the termination deadline of the right to terminate a contract and whether the contract can go against the river and power and so on.
Keywords/Search Tags:Termination deadline, Retroactivity, Contract performance
PDF Full Text Request
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