Study On Reasons For Legal Rescission Of Contract

Legal rescission of contract is an important part of the rescission system of contract.The reason for legal rescission of contract is an important part of legal rescission system.Article 94 of the Contract Law draws on the experience of the two major legal systems and international law.Also,it introduces the material content of the fundamental breach of contract in the Anglo-American legal system,and stipulates forms of the breach of contract in light of the civil law framework.On the one hand,it establishes the fundeamental standard of legal rescission of contract according to the serious extent.On the other hand,it tries to enrich the standard through different forms of breach of contract.Although this approach is a useful attempt,there are still many problems.In this hybrid model,the imperfections of the contract’s purpose make the standard of fundamental breach too abstract and inpoerable.The constitutive elements of specific forms of breach are not too clear,also there are disputes with other issues in the contract law.The legislative stracture is unreasonable,etc.These problems make legal rescission of contract more controversial in the application.This paper studies reasons of legal rescission of contract,analyzes the legal purpose of legal rescission in the contract law,explores the relationship between fundamental breach and reasons of legal rescission,researches the legislative defects and deficiencies of Atricle 94 of the Contract Law,and tries to find the reasons of these defects and deficiencies.Through the investigation of domestic and foreign law legislation and practice,this paper clarifies the object of contract rescission,re-examines the reasons for rescission of contract by intrinsic roots and external manifestations.The fundamental breach of contractual obligations is the core,and this paper concretizes the fundamental standard in light of the characteristics of different forms of breach of contractual obligations.At the same time,this paper analyzes the connotation of the purpose of the contract to define the criteria of fundamental breach,also points out some opinions to solve the problems existing in the specific forms of breach of contractual obligations,and further regulates the application of Article 94.