On The Object System Of Resolving Contracts In China

Article 96 of the contract law stipulates that non-terminating persons have the right to disagree on the rescission of a contract,and establishes the basic framework of the objection system on the rescission of a contract.Article 24 of judicial interpretation ii stipulates the time limit for exercising the right of dissent,which has played an important role in promoting the development of the contract rescission objection system.however,with the application of the contract rescission objection system,the problems existing in the contract rescission objection system gradually emerge.Based on the discussion and analysis of the related problems existing in the contract rescission objection system,this paper puts forward its own views and opinions,hoping to be beneficial to the existence and development of the contract rescission objection system.This article starts with the related concepts of the objection system of contract rescission,discusses the basic contents,exercising subjects and exercising ways of contract rescission,the nature,existence value,exercising ways and exercising time limit of the objection of contract rescission and the legal consequences of the objection of contract rescission.Secondly,it discusses the problems existing in the current operation of China's contract rescission objection system,mainly including the small scope of the main body exercising the right to rescind the contract and the single way of exercising the right to rescind the contract,the different ways of exercising the right to rescind the contract and the diverse time points for determining the rescission of the contract,and the uncertainty of whether the overdue objection will be examined in substance.Finally,it shows the author's opinion that the exercise of contract rescission right should be improved.when the contract rescission time is when a copy of the complaint is received,the overdue objection should be substantially examined.