Research On The Legal Problems Of Resolving Contracts

The contract law is particularly important in the context of the rapidly developing market economy system.It not only unifies and regulates the trading rules,but also maintains the order of transactions.The status of the contract repeal system plays a decisive role in the contract law.Closely related to the contract repeal system is the problem of revocation of the contract.The creditor’s rights and debts incurred before the contract is lifted,and the corresponding legal consequences that may be faced after the contract is lifted,need to be resolved through contractual deduction of mechanics.The main point and purpose of the discussion of the cancellation of contract review is to maintain the best interests of the observing party.Article 97 of the "Contract Law" can be seen in the provisions of our country’s contract law retroactively applied to the cancellation of the contract,there is a retrospective theory.However,its provisions are too general and unclear,and it is impossible to deal with the complicated types of contracts and situations in judicial practice.At the same time,this provision only has the retroactive effect after the approval contract is lifted,but there is no further in-depth study of how the specific application,including the nature of the contract,should be handled.At the same time,there is no clear statement as to the scope of restitution and the nature of damage compensation in case of retroactivity after the termination of the contract.Therefore,the lack of legislation has caused many problems in the handling of such disputes in judicial practice.It can be seen that the retroactive force system that occupies the core position in the study of the contract repeal system is very necessary for both legislation and justice.Under such a big background,this article studies the relevant theories of the retroactive force of contracts,combines legislative and judicial practice,and publishes personal opinions on this basis.The body of this article consists of five items.In the first part of the content,the author describes the theory of contract retroactivity and discusses and evaluates several theories currently used in China.The second part is based on the content of the first chapter.It compares and selects the value of the contract resolving and the non-retrospective mechanics.After trying to deeply understand and analyze the doctrine,we have compared the doctrine of current legislation and judicial practice in China.The third part is the study and comparison of the laws and regulations on the retroactivity of the contract repeal system in various countries and regions.Through the analysis of the phenomena and behind-the-spots of the legislative styles in the civil law system and the Anglo-American legal system,the legislation of our country is carried out.Evaluation.The fourth part is about the status quo of the retroactive of contract in our country’s current judicial practice and the corresponding analysis.Judicial practice is deeply influenced by legislation and theoretical doctrines.This section elaborates the handling rules and corresponding assessments in the face of non-continuity contracts and continuing contracts in practice.The fifth part is about the factors that should be considered in the legislative review of China’s contract revocation and the corresponding perfect suggestions.The author advocates that there is no retrospective mechanical theory for the termination of the contract,and advocates the introduction of a clearing system on the premise of clarifying the termination of the contract.Through this principle of economics,the framework of the contract release system can be better constructed.