Study On The Right To Unilateral Rescission Of Contract

The right to terminate a contract is the right of the parties to the contract to unilaterally eliminate the contractual relationship,which belongs to the right of formation,which has the power of unilateral molding,the effectiveness of the intervention and the effectiveness of the law.Adherence to the principle of strict adherence to the contract is likely to produce unfair results,but also affects economic efficiency.China's current legislation has outlined the basic framework of the right to unilaterally terminate the contract,However,the use of a number of general provisions in the legislation affects the function of the right to terminate the contract unilaterally.The main body of the right to terminate the contract unilaterally is the right to terminate the contract and the right to dispose of the rights and interests of the person who has the right to dispose or disposition.The exercise of the legal right to terminate the unilateral need to constitute a fundamental breach of contract.For the pursuit of balance of interests of parties to the contract in judicial cognizance of reason of exercise the right of rescission,also need to consider the subjective fault,the extent of breach of contract,continue to perform will result in unfair or loss caused by other factors.The contract rescission right is stipulated by the parties in principle,and has wide application space,but should pay attention to the restriction of the right to terminate the agreement.In the legal provisions and the parties have not agreed not to exercise the right of rescission of the contract period,the contract parties have to accept each other all the performance,the contract has been fully performed,has the right to terminate the contract due to overdue eliminated unilaterally.The realization of the right to unilaterally terminate the contract is not the process of the right to unilaterally terminate the rights of the right holder,but should be the game process between the dissolution of the right holder and the counterpart.In order to better balance the interests of both parties,the system of objection to the opposition arises at the historic moment.The exercise of the right of rescission of the contract is the necessary precondition for the person to enjoy the right of objection.During the period of objection,the right of rescission shall not be challenged by any other means other than arbitration or arbitration,and shall not be deemed to have agreed to terminate the contract.Whether the legal effect of contract rescission has the effect of retroactivity is of great significance to the parties to the contract.According to the different status of the contract,the contract law distinguishes the right of rescission of the contract.According to the explanation of contract law on the other party entitled to unilaterally terminate the contract provisions,is the default party behavior based on given remedial measures.Therefore,the nature of the legal liability of the breaching party after the contract is discharged is not the liability for breach of contract,which is the civil liability for the return of unjust enrichment and compensation for damages.The legislation of our country lacks the systematic control mechanism for the unilateral rescission right of contract,which has a direct impact on the effect of the unilateral rescission right of contract in practice.Interpretation of civil law is an important means to make up the loopholes in law,The flexible use of legal interpretation method,and the current legislation in many uncertain concepts and general provisions of the value added,can effectively solve the many drawbacks of the current legislation.