Research On The System Of Contract Dissolution

Generally speaking, legal valid contract has serious binding forces of law to both interested parties, who have to fulfill obligations in conformity with contract strictly, neither parties has the right of dissolving contract randomly. However, in some specific cases, since changes in subjective and objective situations, interested parties have rights to dissolve contract according to law, so that they can get rid of bindings from contract. As an important and fundamental system of civil law, contract dissolution system plays an important role in keeping market orders as well as ensuring justice and safety of exchange. Thus, contract dissolution system attracts every country’s attention and they have descriptions of contract dissolution system in legislation. Because national conditions vary among country to country, regulations of this part in different legislation systems have profound differences. China also makes regulations on this subject, but there are many uncertainties in domestic contract law, which brings difficulties to specific juridical practice. Based on problems in contract dissolution system in our country, and making reference to advanced legislating experience from other countries in the world, the thesis puts forward measures to improve contract dissolution system in contract laws after analyzing deficiencies of domestic contract dissolution system.The thesis can be divided into four parts:The first part is a brief introduction of contract dissolution system. It mainly focuses on discussion of definition and features of contract dissolution and similarities and differences of related definitions. To definition of contract dissolution, the writer believes that dissolution through negotiation should be included into contract dissolution, and then comes to a new definition of contract dissolution; Secondly, the writer makes a further analysis of legal features of contract dissolution. Thirdly, after clarification of contract dissolution and other related definitions, the property of contract dissolution has been further identified.The second part is an elaboration of conditions for contract dissolutions, which is the key of thesis. Since contract dissolution through agreement is a category controlled by thinking of interested parties, conditions of dissolving the contract can be decided completely by interested parties, the law can not give a uniform regulation, in this way, conditions of contract dissolution complies to conditions of statutory dissolution. Besides attaching importance to two systems of statute law and legislation instances of international treaty, the thesis combines related regulations of domestic contract law, make analysis and comparisons on conditions of statutory dissolution and propose suggestions for improving deficiencies in legislation of China.The third part analyzes contract dissolution procedures. At the beginning, it introduces and assesses legislation instances of different countries, and then elaborates contract dissolution procedures and makes further study on several issues involved in contract dissolution procedures in China, including problems on exercising way of deliquescing right, exercising termination period of deliquescing right, exercising objection to deliquescing right and so on.The fourth part discusses the effect of contract dissolution. In this part, the writer mainly investigates the retrospective effect and compensation for damage after dissolving contract, and proposes the writer’s own opinion on both issues in order to make the system more complete.