On The Exercise Of The Right To Rescind The Contract

The system of rescission of contract is one of the most important systems in the contract law system.The significance of its establishment is that when the contract is seriously obstructed,the right holder can exercise the right to terminate the contract.The exercise of the right to terminate the contract is the link between the termination of the subject and the effect of rescission,which is of vital importance to the whole system.After the dissolution,the right subject can only exercise the right to terminate the contract in accordance with the reasonable procedure.The exercise of the right to terminate the contract includes the right to exercise the right to rescind the contract,which type of contract,how to exercise,as well as the consequences of the exercise.In this paper,the basic theory of the right to terminate the contract,only the right to terminate the contract to conduct a study,in order to have a more comprehensive understanding of the issues related to the subject.The first part discusses the contract to exercise the right to terminate the right to terminate,clearly should I and my authorization,the provisions of the law or court appointed people to exercise the right to terminate the contract,the breaching party that should not have the right to terminate the contract.The second part discusses the exercise of the right to terminate the contract,the focus will continue to contract,has been established but not yet effective contract and single service contract can become the object of exercising the right of rescission of the contract are analyzed,and the above three kinds of contract can become its object is the right to terminate the contract conclusion.The third part systematically studies the way to exercise the right to terminate the contract.The first of the three countries used to exercise the right to terminate the contract or terminate the judgment mode,notify lift mode and automatic lifting mode for comparative analysis,determined that our country adopts in case of change of circumstances is lifted by the referee,in the other case is notice to remove the model.Then discusses the form of notice of termination of the contract,focuses on the understanding of owner can directly through litigation or arbitration exercising the right to cancel the contract without notice procedures,and derived from the termination of the contract,how to determine whether time notice served as a contract termination notice to the referee and referee organs can directly terminate the contract three issues are analyzed.The fourth part studies the objection to the exercise of the right to terminate the contract.First of all,this paper gives a general description of the objection system of the right of rescission of the contract,and then comprehensively analyzes the concept,the main body,the effect,the mode and the time limit of the objection to the exercise of the right to terminate the contract.