Research On The Objection System Of Contract Termination

The ninety-sixth clause of the contract law endows the terminated party with the right to object to the rescission of the right holder,which is the embryonic form of the rescission of the contract."Interpretation of the Supreme People's Court on Several Issues concerning the application of the" People's Republic of China contract law "(two)"(hereinafter referred to as the "contract law" two ")the provisions of article twenty-fourth provides for the first time the objection during the exercise of the right to rescind the contract.So the objection is possible.These two provisions play an important role in judicial practice in balancing the legitimate rights and interests of both sides of the contract and the discretion standard of the unified case.However,the system of the right of rescission of the contract is still a bit rough in the legal provisions,and there are still a lot of gaps in the legal provisions of the series of issues concerning the rescission of the right of objection.In order to strengthen the practicability of rescission of the contract and deepen the understanding of the system of rescission of the contract,the author puts forward a new angle of view on the system of rescission of the contract,which is divided into four parts:The first part is the right of rescission of contract system has formed and discusses the background and value of the system.The establishment of contract objection system is to balance the rights and interests of the parties to the contract,namely the right to rescind the contract person exercising the right to cancel the contract and put forward higher requirements,strengthen the protection of the interests of the party was released.The second part is an introduction to the nature of the right of rescission of contract.There is a large gap between the existing regulations on the right to terminate the contract,and there is no unified understanding in the academic and practical circles.In theory,there is a great deal of controversy about the nature of the right to terminate the contract,such as the right of claim,the right of defense,the procedural right of action,etc..In this part,through the introduction of the theory of the nature of the right of rescission of the contract,the author expounds the advantages and disadvantages of each theory,and analyzes the nature of the right to terminate the contract.The third part is to analyze the problems that should be paid attention to during the exercise of the right to cancel the contract,and to provide new solutions for the problems existing in the application of the right to dissent.This part of the termination of the contract right of objection filed,objection period,legal consequences to raise objections contract analysis,clear the termination of the contract right of dissent in the judicial application of the dispute,and puts forward the author's opinions and ideas for this issue.The fourth part analyzes the legal consequences of the right to terminate the contract.The termination of the contract rescission right of objection objection before the term expires,court shall review the contract parties exercise the right to rescind the contract if it has flaws,not only for the reason that the termination of the contract overdue behavior,and should be through the right to terminate the contract to the substantive examination of the effect to be identified.In this way,we can exert the value of the right to terminate the contract and balance the interests of both parties.