Research On The Legal Issues Of Rescission Of Contract

Research on the legal problems of the Rescission of the Contract, especially the effectiveness of the Rescission of the Contract and the responsibility identification problem after the Rescission of the Contract, based on existing in our country about legal regulations and judicial explanation syste m of the Rescission of the Contract, so, in the face of all sorts of all kinds of cases is often only hard the case fact and law, in the judicial practice field generated controversy, and unable to make the contract balance interests of both parties. In this paper, the author embarks from the concrete cases, combined with the Rescission of the Contract types, conditions, procedures of Rescission of the Contract and objection system theory analysis to lift what requirements need to have the contract, and shall enjoy the right of rescission of the contract in default by a party to the preceding cases, analyzes the contract to lift the concrete reason, also clarify when the default of the contract, the contract rescission conditions don’t meet, can also according to the legal conditions to determine the rescission of the contract, terminate for liability problems after the rescission of the contract, the author through the analysis of the relationship of rescission of the contract and the liability for breach of contract, has been clear about the responsibility after the rescission of the contract should be how to bear.In addition, through to the agreed to remove conditions for effective restriction and clear time put forward objection of the rescission of the contract, to further improve the system of the Rescission of the Contract.