System Of Contract Termination

When the purpose of the contract is defeat, the termination of the contract becomesthe inevitable choice.How to protect the legitimate rights and interests of the good of theparties, it appears particularly important. China’s "Contract Law" a more comprehensiveprovisions for termination of the contract system, but there are still many unclear orunsatisfactory, there is a lot of controversy, and thus dealt with the issue of the legalconsequences of the termination of the contract is a direct result of confusion, distress anddifficulties as well as the operation of the judicial practice. A result of the termination ofthe contract system, there is still a need to conduct a comprehensive analysis of research.In order to have a more in-depth and specific cognitive trying through comparativeanalysis, the empirical analysis method and logic analysis method to analyze issues relatedto the termination of the contract. This article has total words of30000and has four parts.The first part introduces the basic principles of the termination of the contract system,the concepts and features, including the termination of the contract, the difference betweenclassifications as well as the termination of the contract and related concepts. Feature nottake effect for the establishment of the contract whether the lifting of the issue put forwardtheir own views, that is the conclusion that can be lifted.The second part illustrates the exercise of the right to terminate the contract, throughthe comparative study of the conditions for the exercise of the contract right to rescind theway, restrictions and procedures, clear the contract right to rescind lifted from generationto final contract specific implementation steps.The third part focuses on the question of the validity of the termination of the contract,using comparative analysis of various effectiveness doctrine introduced, as well as toanalyze the national legislation of that debate the essence of the termination of the contractwith or without retroactive effect, thereby affecting the contract lifted with the relationshipof restitution. The last part of the range of damages after the termination of the contract, theconstituent elements of damages analysis, clear damages and damages, and finally putforward a different contract is terminated and the types of damages.