The Study Of Procedures And Legal Effect Of The Termination Of The Contract

The termination of the contract is an important result in termination of the contract system. Contract as a major type of debt, whether it is the start of the debt or eliminated, no doubt for the role of the market economy, is equally undeniable parties. However, legislation and practice on the termination of the contract issues there the various unsatisfactory, thus becoming an area of more controversial civil theoretical research and judicial practice. The termination of the contract described in this paper is one of them. Termination of the contract provisions different areas of civil law in the world, in particular, civil law and common law on behalf of the two law systems there are large differences in specification of this system.Europe and the United States and other developed countries with strong economic strength and a sound market economy system, and some of their trade rules of the game to hold a dominant position in the international trade arena. Therefore, the purpose of the termination of the contract system, some of their concepts and rules in some countries or regions as well as the relevant international conventions or international legislation adopted. China has now become an international trading power in the process of conducting international trade must be familiar with the various trade rules, in order to know ourselves and know yourself. Of the termination of the contract system to learn some advanced legislative experience of the two legal systems, but there are still some problems to be solved. Also the advantage of local legal resources can not be ignored, along with the continuous development of China’s economic, social, and the reality of our rule of law practice also has a strong research value, the reality of the judicial case also provides a solid social foundation for our research.In this paper. a comparative study and empirical analysis. legislative rules on the termination of the contract for the termination of the contract system in China-related legislation, both civil law and common law and international treaties elaborate intent to find solve the problem of termination of the contractprocedures and entities on the ways and means. The article describes the different legislation of the termination of the contract, and the contract is terminated and the reasons, the termination of a method exercised in a manner the right to rescind the restrictions of the exercise, the validity of the termination of the contract as well as the termination of the contract and the scope of damages in the controversial practice issues were discussed. The focus of the program targeted the termination of the contract and the legal effect of a detailed study. Research and discussion, not only the use of a comparative approach, referring to a large number of domestic and foreign theoretical results, is to combine a large number of real cases, from the perspective of case analysis, and strive to combine theory and practice to promote the research results have a stronger practical significance. I hope this article can provide relevant recommendations on China contract legislation and judicial practice.