On The Exercise Of The Right To Terminate The Contract

The legal or contractual matters, the rights of the parties to the contract by means of a party’s intention. In this paper, the contract rescission right is refers to in the contract effective after the establishment of the unfulfilled or has not been fully carried out, based on the brief introduction of China’s current "contract law" of the contract lifted right system and through the comparison of the continental law system in other countries and the countries of Anglo American law system of contract system to exercise the right to terminate the, and to reflect in our country, the existing system has defects. At last, the paper discusses the improvement and perfection of the relevant suggestions and comments.This article is mainly divided into the following five parts:The first part mainly introduces the background and significance of this topic as well as domestic and foreign scholars and experts in this area of research status and theoretical results, the full text of the main use of historical and comparative research methods.The second part mainly introduces the concept, characteristics and types of the right to terminate the contract. First of all, through the comparison of several concepts related to the lifting of the contract to deeply understand the connotation of the lifting of the contract. Secondly, it expounds the characteristics of the right to terminate the contract, that is, the procedure, the instant and the optional. Finally, details of the two types of right to rescind the contract, namely the agreed right of rescission and legal rescission right.The third part mainly introduces the current situation of the system of the exercise of the right to terminate the contract in our country, mainly including the procedural provisions of the exercise of rights and legal consequences of the two aspects of the content. First of all, the procedural provisions on the exercise of the right to terminate the contract, mainly introduces the notice procedure and the objection procedure. Secondly, on the legal consequences of performance of the rescission right of contract, mainly analyzes the contract to relieve the power to exercise the retroactivity and a brief introduction of performance of the rescission right of contract damages.The fourth part introduced continental law system and Anglo American law, on behalf of the national contract system to exercise the right to rescind, and can better reflect the rescission right of contract exercise system there is exactly what the legal loopholes. In the continental law system, mainly in France and Germany, as the representative of the two countries in the Anglo American legal system, mainly in the United Kingdom and the United States as a representative of the two countries.The fifth part is mainly for the fourth part of the reflection of the system of the right to exercise the right to exercise the existing problems and then put forward the corresponding improvement suggestions. For the reason to exercise the right to terminate the insufficiency and legislative mode of defects and other problems, corresponding suggestions mainly include: the establishment of the purpose of the contract terms, development circumstances change principle, and the legislative mode re orientation and choice of.