Comparative Study Of China And Korea Rescission Right Of Contract

Rescission right of contract focused on the significance of the person freed from the contractual relationship generate benefits obstacles, and discharge also plays the role of rights remedies. To settle and the elimination of validity of the contract, so to determine whether the parties rescission right of contract with stringent standards, and some of the provisions of whether they have rescission right of contract with uncertainties are a contractual right to terminate the case to the judicial practice caused some obstacles. In this paper, a comparative study of China and Korea Rescission right of contract, to sort out the rescission right of contract for Korea, and thus the problems of China’s Rescission right of contract certain significance.The first article describes Rescission right of contract the basic theory, discusses Rescission right of contract the connotation. The type, scope of the contract may be discharged below the research has laid a theoretical foundation. Rescission right of contract generation need to meet certain conditions, the exercise requires a certain release behavior, resulting in the elimination of the effect of the contract. To have a systematic understanding for the sake of the right of cancellation of the contract, the the following Comparative Study on China and Korea rescission right of contract that according to its cause, exercise, preclusive effect three sections are discussed.For China rescission right of contract the study, the general statutory right of cancellation for the study. Our general statutory rescission right of contract due to objective reasons can be divided into release and due to the release of the breach. The release of the breach is not attributable to the subject matter as the elements of the exercise of a statutory rescission right of contract. China expressed in general terms the legal rescission right of contract the causes, including due to force majeure, refuses to perform, delay in performance, incomplete performance, coupled with the fallback provision "can not achieve the purpose of the contract" as the cause of the rescission right of contract. Rescission right of contract the exercise of the principle of its exercise, a period to be discussed. Divided into two parts to look at the effect of the rescission right of contract, no longer perform the unperformed part, has fulfilled part of the return, damages and results. Scholars for the effect of termination of the contract, whether the retroactive effect, the focus of the dispute, China adopted a direct effect said.Korean rescission right of contract the same general statutory rescission right of contract the discussed object. Korea rescission does not include the statutory right of cancellation due to objective reasons, and handed over to the risk burden. Korean civil law will be attributable to the fault of the subject matter as a statutory right to terminate the constituent elements. The reasons for delay in performance can not be used as compliance with the statutory right to terminate the Korean civil law, by analogy, apply to debt breach of duty, the general terms and for the case of rescission. Korea the exercise of the right of cancellation of contract by way of notice, irrevocably, characterized by inseparability. Korean contractual right to terminate retroactive the solution ended right only to take effect in the future.Finally, China and South Korea contractual right to terminate the right to terminate the theory, the legal right to terminate the cause of Rescission right of contract the effect of exercise and the exercise of the right to terminate differ, and then launch the revelation of Korea contractual right to terminate the right to terminate our contract, improve China’s Rescission right of contract the system.