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On Any Right Of Cancellation Of The Contract

Posted on:2014-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:X H HuFull Text:PDF
GTID:2266330422965185Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The provisions of the Contract Law of China on the any right of cancellation of the contract isonly distributed in sub-rule, and only a few words, too principle. The conditions for the exercise ofthe consequences and the scope of application are not very clearly defined, resulting a lot ofproblems in practice. This paper discusses the any right of cancellation about the contract’s basictheory, in essence, the legal basis, drawing on foreign law to investigate the regulation of any rightto rescind the contract and improve the analysis in order to have some effect on our judicialpractice.The first part is related to the introduction of the meaning of any right of cancellation of thecontract and the status focusing on any right of cancellation of the contract and the difference of anumber of related concepts, obtained through the analysis of the main provisions of our laws inrespect of any right to terminate its existence and about some much-needed improvement.The second part is mainly in-depth discussion of the legal basis of any right of cancellation ofthe contract. Contract any right to rescind the provisions of the Contract Law in China, while nottoo many, but its status is important. Although the contract any right to terminate the existence ofmany problems and also contradictory to the basic principles of contract law, but we have to admitthat it exists necessarily reasonable, is the result of the conflict and balance.The third part discusses the Contract Law in China several of any right to rescind the type ofanalysis. Any right to rescind exists legislators based on certain considerations, of its reflecteddifferent reasons for its existence.In this part, the author will conduct further classified research.Part IV concerns the regulation and perfect for any right of cancellation of the contract.Elaborated for the front combined with the more reasonable regulations of the extra-territorial lawrelated solutions, including the exercise of all aspects of the subject, object, type of contract for theexercise of any right of cancellation of the contract conditions, restrictions to reduce their practiceproblems and defects.
Keywords/Search Tags:any right of cancellation, legal termination, the justice of contract, compensation for damage
PDF Full Text Request
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