Analysis Of The Application Of The Terms Of The Contract Cancellation And Liquidated Damages

Although the contract law of our country has made a more comprehensive and principled provisions on the dissolution of the contract,but after the dissolution of the contract has retroactive effect and the liquidated damages clause applicable to the issue has not been clear provisions,judicial interpretation has no relevant provisions to regulate this.At the same time,the jurists' representatives have not unified the views and opinions on this issue,which directly lead to many problems in the judicial practice of the liquidated damages clause in the termination of the contract.From three cases typically cut into the concrete analysis of the rescission of the contract.First,the overview describes the termination of the contract of the meaning and legal consequences of termination and retroactivity,and theoretical analysis of the effect of the settlement clearing provisions;Secondly,the method of comparative analysis,analysis and comparison of civil law and common law countries the termination of the contract the application of terms and liquidated damages,for our analysis and provide other legislative reference.Finally,the analysis shows that China's contract rescission and breach of provisions in the existing problems and deficiencies in the application,and then from logic,functional,legislative and practical aspects analyzed the contract rescission and breach of terms and issues.