The Exercise Of The Contract Rescission

In recent years, the rapid development of economy in our country, the contract law ineconomic development has played a more and more important role. At the same time, alongwith the rapid development of economy, the market is increasingly active and the situation isfast changing society. After contract become effective, it may be because of the change ofobjective conditions or one party behavior, which makes one or both parties cannot achievethe purpose of the contract. one party or the parties are willing to make the contract loseeffectiveness, so as to better avoid risks or punish the other.This is also the purpose of ourcontract law provisions of contract rescission. But when we take on the "contract law" on therelevant provisions of the contract termination right in-depth thinking, we can find that thereexists a certain problem. Therefore, I hope that through the analysis of the contracttermination right dispute case, exercise of contract rescission in-depth discussion, and hopeyou can take on this issue to the smooth development of the judicial practice and providecertain reference valueThis paper structure is as follows:The first part: Introduction of the case. Because Dr Yeoh overdue pay the land use fee,under the terms of the contract rescission, Dongguanhaofa company request to thefirst-instance court to cancel the contract.The first-instance court think that Dongguan haofacompany can exercise contract rescission and remove the land lease contract legally.It ordersto cancel contract and return the land.Dr Yeoh appeal to the second instance court,the secondinstance court think that Dongguan haofa company does not exercise the contract rescissionand remove the land lease contract ilegally. The main focus issue in this case is that whetheror not the company remove the land lease contract legally and the company exercises thecontract rescission.The second part: The contract rescission of the legal analysis. The legal issues of the caseis the following. First, the meaning and the nature of contract termination right and. Contracttermination right refers to the parties in the contract, when the achievements of the conditionsof the contract achieves, they can cancel the contract so as to end the right of contractrelations.The contract rescission is formed in nature.Second, the produce of the contractrescission.When the contract has become effective,the right produces. Agreed to cancel the contract conditions should be clear and point to the fact that in the future, and shall not violatethe law mandatory provisions, social public interests,public order and good custom. Third,the contract right of the exercise.When the condition of canceling the contract hasachieved,the termination right person can exercise it. Court decides whether the conditions ofcanceling the contract has achieved,it should grasp the contract as a whole.If the parties takeunfair measures to block or contribute the conditions of achievement,court should base on theprovisions of contract law article45to give negative evaluation. Who can exercise the rightshould be agreed upon by both parties, exercise behavior include lifting and judicial lifted, theperiod of exercising are prescribed in accordance with the contract, if without the agreement itis according to determine a reasonable time after notice, But if there is no contract and noclaims, it should be on for the Supreme Court on the trial of commo dity house businesscontract dispute cases to explain some issues of applicable law the provisions of article15,namely the termination right exercise within one year from the date of produce, theconsequences of exercise, according to the regulation of our contract law, the overdue debt nolonger perform, the dept of performed should be performed or not according to the nature ofthe contract and the performance of the situation. But the parties can agree to cancel thecontract.The third part: The case analyzes. Although the first-instance court deals with a periodfor exercising termination right, exercise way and exercise the consequences more accurately,but it still can’t avoid to be errors of judgment.It is because that it has not grasp the key pointof the problem.It is that whether the condition of canceling the contract has achieved,but thesecond trial count grasps it well.It also gives us a good lesson.When the count deals with thecontract termination right disputes, it should firmly grasp the conditions of achievement.Thecourt should grasp the contract as a whole and consider two factors. First, if the parties takeunfair measures for their own interests to block or contribute the conditions of achievement,the court should give qualitative evaluation.Second, if the other party enjoy the right ofdefense, because this not only make it refuse to fulfill the debt, also make it not delay inperformance.