Study On Legal Effect Of Rescission Of Contract

The rescission system of contract is an important system of modern contract law.From the ancient Rome law on the rescission of contract to a series of contract rescission systems,the reflection and innovation of the theory of contract rescission has been going on.As one of the core aspects of the termination of the contract theory of contract effect theory,is also experiencing theory again and again,the theory circle of our country from the beginning of the tendency of the direct effect said to occupy a space for one person for the compromise said now,after more than ten years,is still controversial.Different theory and practice All flowers bloom together.is on the effect of contract termination judgment there is a lag,a court in adjudicating cases related viewpoint,the referee can not reach a unified view,on the other hand,this is a direct result of the vacant relief rights of the parties and the uncertainty.As for the nature and scope of damages after the termination of the contract,there are few provisions in law.The theoretical circle is also not rich in relevant research.Therefore,to link theory and practice,with reference to the legislation and experience at home and abroad,as to the study of "rescission of contract law" Article 97 of the contract,in order to guide the practice better in judicial practice,in order to ensure the stable operation of the social transaction mechanism,but also can better protect the legitimate rights and interests of the parties.This article first discusses the basic content of the system of contract cancellation,concretely expounds the connotation of the termination of the contract,carries out the internal delay of the termination of the contract,and then compares and analyzes the termination of the contract.Through the analysis of the case,the difference of the actual trial opinion is mainly Because of the lack of theoretical guidance,the analysis of the effect of the cancellation of the contract.Afterwards,he explained the different theoretical perspectives on the nature of the “restitution” right of the contract relieving effect,which listed the opinions and the differences between the direct effect theory and the eclectic theory,commented on the two doctrines,and put forward the viewpoint of this article.It is more reasonable to adopt an eclectic approach.In addition,this article gives an in-depth demonstration of the arguments of this article.In the specific return rules,this article has also been created in order to provide reference for practical trials.The last part is the discussion of “damage compensation” in the second half of Article 97 of the Contract Law.First of all,it elaborates on the different viewpoints held by countries on the compatibility of contract termination and damage compensation,discusses the different views on the nature of damage compensation from academic perspectives,and then puts forward the viewpoint of this article as an argument for more favorable performance of benefits.On the issue of contract termination and liquidated damages,an analysis was made of the issue of the coexistence of compensation losses and liquidated damages.This article tends to claim that compensation losses and liquidated damages cannot coexist,unless the two points are different.