On The Return After Contract Rescission

The return after contracts rescission is a Legal obligation to lift the litigant, not a liability after a litigant breach of contractual. On returning after contract rescission,do not need study the behavior of litigant with or without fault, only on whether the recipient of the payment from the other litigant. Because the purpose of return after contracts rescission is to make the two sides back to the legal status before payment, as for the loss between the litigants due to contract rescission, not the return after contract rescission the mission can carry. So as ascertain the responsibility of litigant’s fault can not be considered.The first chapter is the legitimate basis of return after contract rescission. This chapter describes the three theories which debate fierce in our scholar, and analysis the internal principles of various theories carefully. According to the relevant provisions of China’s “Contract Law” about return after contract rescission, I believe that the return after contract rescission of our law should be based on the direct effect theory, the undue enrichment is the legitimate legal basis for the return after contract rescission between litigants.The second Chapter is the specific content of returned after contract rescission. Returned after contract rescission, the scope is not limited to the premises from the other side to accept the original payment, but also the fruits of the payment arising from the use of the acquired interest payments and benefits paid in one of the recipient of the investment costs. On the effectiveness of the return, because the recipient of different forms and there are differences in pay, if the payment is to take delivery of the ownership of a particular matter, since the country does not acknowledge real theory, but returned after the lifting of the contract abduction and the elimination of legal consequences, so the payment can be based on the ownership side directly request the return of the right to request the return of recipient side; if other than the payment of thing, you can only ask for the return on the basis of unjust enrichment, only have the effect of debt. In fulfillment of the obligation to return to the ground, according to the legislative purpose of the contract is terminated, I believe should be observant location.The third chapter is the return of the original impossibility of remedies. This paper argues that a party can not be returned after the termination of the contract to take delivery of the payment does not limit the right to terminate the contract of their enjoyment, and the consequences of an impact only on termination of the contract. Specifically, if the payments are in nature can not be returned once the recipient of payments should be lifted by limiting retroactive contracts, in order to avoid unnecessary return; if the payment can be returned but belong to one or both The reason it caused damage to or loss shall be paid in accordance with the cause of the destruction of either party to assume the value of the compensation so that the obligation to take delivery of, or remove the obligation to take delivery of the parties in accordance with the return of the burden of risk rules.The fourth chapter is insufficient and improvement of existing legislation. The author believes that China’s "Contract Law" should build a comprehensive general rule returned after termination of the contract, it shall be returned after the lifting range, effectiveness and other issues to make a more detailed and systematic provisions, not only by the vague term restitution regular lift After the return of behavior.