Study On Legal Consequences Of Rescission Of Contract

This paper intends to study on legal consequences of rescission of contract,thenfocuses on the argue point of compromise and direct effect,from the grasp of thesystem issues exist in the field,and aimed at fully understand and grasp retroactivityeffect of rescission of contract, restitution, as well as on the issue of damages.Chapter1discusses the Acticle97in Contract normative effect.This part willstart wish the Supreme People’s court cases and judicial interpretation, so as toanalyze in practice the handling of issues. At the same time, described doctrine iscentered on its97th article of the contract law a different interpretation on thecomposition, form a direct effect theory as opposed to compromise effect theory.Chapter2analysis of the key issues in the field of rescission of contract–retroactive. Through the rescission of contract system of the creation of path analysis,found that it is based on the path of errors lead to the rescission of the contractestablished a retroactive perspective.Simultaneously in Germany, and France andother European countries for law reform references prove the demise of retroactiveeffect, the rise of non-retroactivity. Meanwhile, this paper based on the "implication"theory to correct judgment on justification of rescission of contract system, and so asto support compromise effect theory.Chapter3deals with restitution, the nature and content. Point that restitution isnot predicated on retroactive,In nature, using the previous argument on thenon-retroactivity,this paper support creditor claims theory,and point the lack of thereal claim.At the same time, analysis the source of contention of "immediate changesof real rights" and "the return of property right change".In content, analysis the scopeof restitution, calculated to elaborate standards and risk bearing.Chapter4point the focus of compromise effect and direct effect with regard tothe contract law of the97th "damages",so as to established the conter issue in therescission of contract. Further noted that direct effect that because of its theoreticaldefects, still cannot reasonably explain the coexistence of rescission of contract anddamages for breach of contract, and endorsed the compromise effect theory that into the propriety of the issue.