The Dilemma And Outlet Of The Exercise Of The Right Of Dissent To The Termination Of Contract

The system of contract rescission is an important part of the contract system in our country,and has been paid more and more attention in the current social practice.The system plays an important role in balancing the interests of both parties of the contract and unifying the scale of the relevant cases.But with the accumulation of theoretical research and judicial practice experience deeply,all over the country,the people's courts at all levels have a lot of "somesentence" in the specific application of the system,affecting the unity and the credibility of the judicial applicable law.(two)the "contract law" provisions of article twenty-fourth of the contract about the objection period caused a big difference,in the judicial practice,is to terminate the contract party notice to terminate the contract,if the party did not mention objection within the contract or legal objection period,the people's court may not terminate the party is entitled to right to terminate a substantive examination,which directly determine the contract has been lifted,and rejected the contract claim.This paper attempts to analyze the nature of the case of dispute,the right to rescind the contract,the right to dissent and objection period,and the "contract law" article twenty-fourth(two)the presence of reflection and suggestions of value: 1 in the interpretation of proposals for restrictive interpretation is a right of rescission issued notice of termination provisions do not apply the system of objection period,the people's court shall Party is entitled to terminate the right to make a substantive examination.2 it is suggested that the provisions of article twenty-fourth of the contract law(Interpretation of the law of the people's Republic of China)(two)should be deleted in the legislation.