Study On Responsibility Of The Return Of Property Caused By Void Contract

Article 58 of the Contract Law of the People’s Republic of China stipulates that the contract is invalid or is revoked,it will produce the legal consequences of the return of property and damages.This article does not study all legal consequences after the contract is invalid or revoked,only for the return of property research.The return of property after the invalidation of the contract is not only a very complex issue in theory,but also a very important judicial practice,Therefore,this article discusses the current legal problems and the judicial practice of our country,and discusses some legal problems of returning property responsibility after the contract is invalid.In addition to the introduction and conclusion,the article is divided into four parts.The first part,the question of the right to claim the return of property responsibility.This is the beginning of this study,but also the most important part of this article.Due to the differences in the legislative and theoretical basis of each country,the theory of the right to return the goods and the theory of the unjust enrichment claim is produced on whether or not the recognition of the independence of the real right and the principle of non-causality are different.China does not recognize the right of property does not matter,does it mean that the theory of unjust enrichment claims do not exist basis? The part of the first through the analysis of different types of property,even if the non-recognition of real right acts without reason,unjust enrichment claims theory is still applicable.Secondly,through the comparative analysis of the right of claim and the right of unjust enrichment,it is concluded that the competing relationship between the right of unjust enrichment claim and the right of return of the property is allowed to allow the parties to make a choice when the two claims are competing,Respect for the free will of the parties,more conducive to the realization of legal value.The second part,returns the issue of the return of property responsibility.This is the core issue of property responsibility,but also the main content of this article.China’s "Contract Law" will be returned to the scope of the property summarized as "the property acquired by the contract" should be returned,so that the scope of the provisions of the return is too general and simple.In fact,the recipient’s possession of property during the property will change,this change will make the scope of return of property is different.This article draws on the relevant theoretical knowledge of the different right to return the property claims,first,the recipient of possession of property during the period due to the use of the property received by the benefits,whether the fruits,or the use of benefits should be returned.Second,the deduction of the necessary and deductible expenses incurred by the recipient for the benefit of the claim and the benefit will vary depending on the nature of the claim.Third,the recipient of possession of property during the period,the property damage,loss,this paper that according to the principle of risk of delivery,after the delivery,the recipient should bear the property damage,loss of risk,so when the collar People can not return the property,should be "discount compensation."The third part,the special way to return property responsibility-the issue of discount compensation.The discount is based on the assumption of the return of property responsibility and is a special way of returning property responsibility.Which is different from the damage compensation norms,but also with the traditional unjust enrichment norms have some differences,so this part of the discount compensation situation,to determine the in-depth analysis.At the same time,this paper puts forward the view that the court should adjust the price according to the actual situation on the basis of supporting the principle of "invalid contract effective handling" for the determination of the postponement price of the continuing contract.The fourth part,the return of property in the return of the cost of the problem.This paper analyzes the basis of the right of claim which may be set up for the return fee.Through the analysis of the claim right,the unjust enrichment claim right and the claim for damages,the return of the property after the contract is invalid is recognized as the loss of the parties,It is more appropriate to protect it through the system of damages in the contractual fault liability,either to protect against the wrongdoing,to punish the wrong party,or to act as an incentive to enable the parties to enter into an effective contract as much as possible.