Study On The Effect Of Contract Rescission

The system of contract rescission resources from ancient Roman law, whichwitness the development of philosophy of the civil law. As the one of the most importantsystem of the Contract law, it gets more and more attention. Although the modern lawrecourses from the civil law, with the development of the social system and economicbasic, the civil law faces many arguments. For example, the effect of contractrescission of the system of contract rescission. Neither legislations or theories in theworld has the unified understanding on it.The effect of contract rescission reflect thechange of the contract parties’ right and obligation. Such as weather the party has theliability in restitution and the observant party has the right of asking for thecompensation for damages. The dissertation adopts method of comparative analysis.Comparing with the advanced legislation and the theory in the world, and combiningour coutry’s legislation, the dissertation try to card the theory of the effect of contractrescission.Part one discusses the retroactive effect of the rescission of contract. And it is onthe basis of related domestic and outside theories and legislation. Because liability inrestitution has the close contact with it, this part also discusses the essential problemof the liability in restitution.Part two is about the compensation for damages after the rescission of thecontract. On the basis of introducing the outside legislation, and discussing the theoryof claims-based, the part try to define the area of compensation for damages.