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A Study On Retrospective Effect Of Contract Rescission

Posted on:2015-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:S B WuFull Text:PDF
GTID:2296330452951011Subject:Law
Abstract/Summary:PDF Full Text Request
As a form of termination of contract debt, rescission of contract has been playingan important role and has become an integral part of contract law. The system ofcontract rescission is the product of market economy, on the micro it is in favor ofprotecting the parties’ lawful rights and interests and on the macro it is in favor ofmaintaining the social economic order. Retrospective effect as one of the legal effectafter abolishing contract, it is the core content of the system of contract rescission.This paper uses the following three research methods: comparative analysis、caseanalysis、logical analysis. The meaning and purpose of the paper is that, firstly statethe legislative mode of civil law countries、common law countries and internationaltreaties, and then to state our country’s current legislation、theory and principle ofjudicial practice, to compare the value of judicial practice of "has a retrospectiveeffect" and "no retrospective effect" in our country, and finally to come to theconclusion that "no retrospective effect" is the development trend and final valuechoice.This paper from the following four chapters to discuss the retrospective effectproblem of the contract rescission:The first chapter: the overview of the retrospective effect problem. Includesanalyzing the "centralized system" and "binary system"; the origin of the retrospectiveeffect’s battle.The second chapter: foreign legislation mode. Includes the civil law countries’legislation mode; common law countries’ legislation mode; international treaties’legislation mode; summary.The third chapter: our country’s current legislation、theory and principle of judicialpractice. Includes the related current legislation of our country; the related theories ofour country; the principle of judicial practice.The fourth chapter: the value comparison and selection of "has a retrospectiveeffect" and "no retrospective effect".Including the value comparison; the valueselection.
Keywords/Search Tags:Rescission Of Contract, Retrospective Effect, Centralized System, Binary System, Legislation Mode
PDF Full Text Request
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