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Theory Of Contract Rescission And Its Responsibility Identification

Posted on:2017-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:J J WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Rescission of the contract is often happened due to the breach of contract, for the reason of the ambiguity of the relevant criteria and the differences in the understanding of doctrine, it is hard to determine the contract is removed, which brings a lot of trouble for judgment of a case. In the meantime, when the contractual relationship has been removed after the breach of contract, how to carry these liabilities is another problem, especially, whether the liquidated damages can be applied to the rescission of the contract at the same time, in addition, it is unclear whether to advocate the exemption of liability for the reason of a third person. This paper focus on a land lease contract dispute case. Firstly, it analysis the requirements of the rescission of a contract combined with the theories of the type of contract and the conditions. Secondly, it discuss whether it is suitable to exercise the right of terminate when the client has defaulting behavior, and analysis the specific reason. Thirdly, it analysis the relationship among the termination of the contract, liquidated damages and breach of contract, besides, review and analysis the liability for breach of contract on account of the third party. Finally, through the analysis of the whole case, the shortcomings of the judicial practice and the defects of related theories are reflected, and some suggestions are put forward from several aspects.
Keywords/Search Tags:Rescission of Contract, Liability for breach of Contract, Third party
PDF Full Text Request
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