Study On Legal System Of Contract Rescission

Contract termination right refers to the legal contract after the establishment hasnot yet been fulfilled end before, based on the legal reason, by the parties concernedsaid unilateral will destroy the rights of contract relations. The purpose of this articlethrough introduced our country "contract law" in the current system and terminationof the contract rescission system of foreign contract law, to reflect on our currentsystem of contract law to remove the defects, and the perfection of the feasibleSuggestions are put forward. This paper will be divided into four parts:The first part, mainly introduced the concept, type, nature of the legal right toterminate the contract and the legal characteristics. First briefly analyzes theconnotation of the legal right to terminate the contract, the analysis what is thecontract is terminated the legal, what are the legal right to terminate the contract.Secondly emphasizes the distinguish between the termination of the contract and therelated concept, the purpose is to avoid the termination of the contract confused withsimilar concepts, finally introduces the legal nature and function of the terminationright.The second part, mainly introduced the contract legal conditions, it is the focusof this article, also is the core of the legal right to terminate the contract. The authoraccording to the regulation of our country contract law divides into the termination ofthe contract of force majeure and the default of two parts, there is a detailed under thedefault distinction, further divided into anticipatory breach and fundamental breachand delay performance of the circumstances of the termination of the contract, and abrief analysis, which reveals the flaws of the our country the legal condition of lift,hope to provide reference to lawmakers.The third part, mainly introduced the legal subject, way of the exercise of theright to terminate and deadlineThe fourth part, mainly introduced the legal consequences and the compensationscope. Further points out the deficiencies at present, whether has a retrospectivetermination of the contract; Whether the compensation scope including fulfill interests, etc.