The Stuty On The Compensation For Damages Of The Contract Rescission

The system of the contract rescission is a very important system in the civi law field.The legal effects of the contract rescission has been controversial in theoretical research and judicial practice.The legislative and practical operation of each country is not the same,even among the scholars in the same country.China's law only stipulates that the unfulfilled obligations after the rescission of the contract are no longer fulfilled,but the validity of the fulfilled obligations is not stipulated.It is clear in China that the contract rescission and compensation for damages can coexist,but the nature and scope of the compensation for damages,and the relationship between the compensation for damages and retroactive effect and restitution are not stipulated in China's law.What's more,the related perspectives in academic communities are also different.The above state brings great difficulties to the judicial operation.In theory,there are many doctrines of the effects of the contract rescission.What kind of doctrine should be taken in the end is a careful thing.In fact,it will be better to give the paties the right to choose effects of the contract rescission,becasuse the contract parties know the advantages and disadvantages better than others.What the law should do is make appropriate restrictions to the right to choose.On the foundation of fully respect the free meanings of the parties,it will be helpful to enable the system of the contract rescission to paly a role in a better way.My thesis consists of five parts:the first part is the preface;the second chapter is the rescission of the contract and compensation for damages;the third chapter is the scope of compensation for damages;the fourth chapter is about the relationship between the compensation for damages and the penalty for breaking of a contract;the fifth chapter is the conclusion of this paper.The first chapter is the preface,mainly including the theoretical and practical significance of the selected topic.The second chapter introduces the relationship between the contract rescission and the compensation for damages,the nature and constituent elements of the compensation for damages.It proves that the contract rescission and compensation for damages can coexist.The nature of the compensation for damages depends on the different rescission conditions.The compensation for damages need to meet the four elements:the causes for rescission,damages,causality and no exemption.The third chapter is the most important part of the thesis,talking about the scope of the compensation for damages,including the boundary between the restitution and the scope of the compensation for damages,the influence of the retroactive effect on the scope of the compensation for damages and other related questions.The fourth chapter studies the relationship between the compensation for damages and the penalty for breaking of a contract,which is not stipulated in China's law.My paper hold the view that the relationship of the above two depends on the retroactive effect and other related conditions.The last chapter is the conclusion.