The Legal Effect Of The Termination Of The Contract

From the position of the contract cancellation system in the contract law system and the connection with other systems,the significance of this system for improving the logical flow of the contract cannot be ignored,and the cancellation effect is actually related to the realization of the system function and the interest balance protection.This article intends to use the 97 th article of China's current "Contract Law" as a basis to study from the perspective of functional theory and study the legal effects of the termination of the contract.After the introduction,this article is divided into four parts:The first part introduces the problem and research options.By analyzing the contradictions in the dissolving of legal effects in judicial practice and disputes in the discussion of the doctrine,the lack of effect of Article 97 of China's "Contract Law" was explored.As a conclusion,the argumentative view of the logic of the article fails to cover all the issues involved after the contract was lifted.In view of this,the author cho oses to use the perspective of functional theory as a research approach to lift the legal effect.The thinking of writing is considered from two aspects: First,what kind of legal function should the contract release have,which is actually related to the legislative purpose of the contract release system.The problems will be discussed in the second part of this article;second is how the standardization function of the contract relieving system is achieved,ie,what is the realization mechanism of different types of legal effects,which are specifically developed in the third and fourth parts of this article.The second part analyzes the function of the system of contract cancellation.First of all,from the internal level of the system,we analyze the functional objects of contract lift,the evolution of modern contractual relations along contractual freedom and contractual justice,and reexamine the effect of the principle of good faith on the function of contract release system,and then reconstruct the contract cancellation target only in the contract.Original rights and obligations,not the entire contractual relationship.Secondly,from the perspective of the external system environment of the system,by comparing the difference between the contract cancellation and the contract invalidation and revocation system between the occurrence reason and the contract implementation,it is concluded that these several systems have different functions in the entire contract responsibility framework and the contract law relief system.Therefore,it is inferred that the cancellation of the contract has the functions of free reinvention and order repair,supplemental damage and rights and benefits relief.The legal effect manifests itself in the way of “recovering the status quo” and making the contract traceable to the past and returning each other from a “quality” perspective.The benefits have been returned to the beginning of the conclusion of the contract;the "remedial measures" and "loss of compensation" have been used to extend the contract to the future;the damage caused by the cancellation of the contract has been compensated from the "quantity" level,and the performance of the contract has been realized.In the case of obstacles,the original purpose o f the contract is to enable the non-defaulting party to reach the state of interests that should be achieved when the contract is normally performed.The third part discusses the connotation,nature and applicable rules of restitution.By combing the meaning of restitution in different civil legislations,comparing it with the concept of returning property,it is necessary to implement the function of restoring the state of the parties to the state before the conclusion of the contract.It is considered that the restitution of the contract includes the physical form and the value form.The former is based on the return to the restoration of payment,and the latter is the value compensation for the return of the original payment.Both the right to claim unjust enrichment and the right to return of ownership do not belong to the right to restore the status quo.Instead,it should be regarded as an independent right to reclaim the claim.The detailed description of the applicable rules for restitution includes the application of physical return and value compensation and the calculation and elimination of value compensation in order to achieve the function of restitution.In the fourth part,we discuss the scope of damages and the applicable rules.According to the functional requirements of compensating for damages “adding non-defaulting party's losses to make them perform uncompromised”,it is considered that the scope of compensatory losses should be appropriate to implement benefit-based compensationism,and explain from the perspective of legal logic,legal interpretation and contract cancellation system.Objectives and maintenance of the trading system and other reasons to explain the reasons.Discharge of damages shall be damages for non-performance of the debt.The scope of the damages shall include damages to the failure of performance of the debt(performance of benefits),damages arising from the cancellation of the contract,and damages to the inherent interests,and shall be subject to rules such as predictability rules,impairment rules,and offsetting benefits and benefits.The rules limit the scope of compensation.Finally,in the conclusion part,the author reiterates the viewpoint of the full text,and combines the current legislative suggestions on the compilation of the Civil Code,and proposes legislative prospects for the legal effect of the rescission of the contract on the relevant contents of the civil laws and regulations.