The Empirical Research Of The Objection To Rescission

Contractual right to terminate the rights of the contracting parties in accordance with the contract or by law entitled to terminate the contract, which is a direct result of the exercise of contractual rights and obligations eliminated. By law, notice to the other party to terminate the contract, since the notice by the other party, the contract will be discharged.In order to limit the abuse of the right to rescind the right to rescind, to avoid losses of no-fault party, the law while protecting the party from exercising the right to rescind, giving the other party the right to dissent that is relative. For the right to terminate, China’s "Contract Law" Article 96 as well as the "Contract Law judicial interpretation (b)" Article 24 of the rules are made clear, but for the opposite party of the provisions of the right to dissent, but there is a big gap, such as the validity of the contract period for objection status issues such as compensation for loss of dissent and neither do any of the requirements, not only in theory have a greater controversy in the judicial practice to practitioners also brought greater confusion.In this paper, the right to rescind the contract opposition system for the study, the use of empirical research methods, from North China, France, Italy and the referee Wen network stacks to collect a total of 529 cases related to novelty as a standard, the interception of which 63 cases, from the right to terminate the contract Objection System status judicial practice, theoretical disputes, to review and improve the system recommends a three-step analysis of how to grasp the context of the market economy right to terminate the rights and obligations between the man and the opponent, the right to rescind the interests of maintaining a balance between man and opposer.This paper argues for the "Contract Law judicial interpretation (b)" Article 24 should be taken to understand the essence understood that its application must have the legal right to terminate the agreement or as a precondition to surrender party. On termination of the contract nature of the right to dissent should learn German, "the formation of the right of defense" theory, the right to dissent is defined as "the right to oppose the formation of the right" in order to understand the meaning of the provisions of the twenty-fourth eliminate ambiguity. Judicial practice of "contract law judicial interpretation (b)" the opposite party to challenge the manner prescribed in Article 24 shall be magnified explanation that the opposite party in the contract to take direct challenge to the people the right to rescind the contract, a written reply continue in accordance with the agreement to continue the contract, etc. on the termination of the contract when the behavior of dissent, it should be recognized with the proceedings directly to the court has the same legal effect.In the content structure arrangement, the first chapter and summarizes the issues raised in this article, "Contract Law judicial interpretation (b)" Article 24 of the state of the judicial practice, the second chapter focuses on the nature of the termination of the contract and the right to dissent in the exercise of the right to dissent way and during the third chapter of the right to rescind the contract opposition system analysis review of the problems, and then the fourth chapter puts forward suggestions for the improvement of the issues raised above.