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Study On The Condition Of The Legal Dissolution Of Contract

Posted on:2017-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:M YangFull Text:PDF
GTID:2296330485980942Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The Statutory Dissolution of the contract refers to the right to eliminate the rights and obligations of the contract in accordance with the legal provisions before the completion of the contract, in accordance with the statutory subject matter. In this paper, on the basis of of different legal systems and international conventions on the contract legal relief system of inspection and the "contract law" of our country contract legal rescission of, from in searching for our current contract law contract legal relief system has defects, and puts forward the feasible proposal perfect. This thesis consists of four parts.The first part mainly introduces the overview of the general statutory conditions of rescission of contract. Mainly includes the connotation, conditions of dissolution of the contract legal relationship, legal termination conditions and special legal relief to improve the conditions of the importance of the general statutory conditions of rescinding. This chapter focuses on the analysis of the connotation of the contract law of our country and the significance of the ninety-fourth terms of the contract law.The second part mainly introduces the general relationship between fundamental breach of contract and the contract legal relief. Through the analysis of different law and international conventions have provisions of termination of the contract and the conditions of breach of contract, the provisions of the Convention and the different legal system lead to termination of the contract standards are the fundamental breach of contract. In addition, this paper discusses the fundamental breach of contract law, and puts forward the deficiency of the fundamental breach of contract in the contract law of our country.The third part is mainly about the breach of contract form and the general legal relief. This chapter mainly discusses the existing problems in the form of breach of contract and puts forward legislative proposals. Such as: due to resistance to terminate the contract when the contract shall be for automatic termination or rescission; change of circumstances the abolition of; to absorb whether reference of Anglo American law system of anticipatory breach of contract; delay in performance due to terminate the contract scope and in terms of structural reorganization; the provisions of Article 94 of contract law "laws and regulations of other circumstances" of the content and extension.The fourth part, mainly on the content and structure of the contract law of our country, put forward the suggestion of perfecting the ninety-fourth parts. Such as: the fundamental breach of default in the form of default; the structure and content of the specific form of default to re organize, so that the law is more clear and clear...
Keywords/Search Tags:contract, legal right to terminate, fundamental breach of contract, breach of contract
PDF Full Text Request
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