The Identification Of Revocable Conditiongs Of The Contract Of Transfer

As the development of market economy in our country as well as the support by national policy of nation-wide entrepreneurship,many start-ups' formation makes the conclusion of contract becoming an increasingly significant way between enterprises,therefore improving legislation of contract is much necessary for the long-term development not only for individuals and businesses,but for the whole society.In the contract of the shares transfer'dispute of a chemical company v.Ji case,the disputes are caused between parties including in the identification of revocable situation of contract of the shares transfer whether agreementsigned by two parties exists the situation of unconscionablity,whether Ji deceives the other party in the process of signing the contract,and whether the claim of the revocation of the contract exceeds the scheduled period.The author analyzes unconscionablity situation in the agreement by combining the system of unconscionability from the domestic and foreign research status with "dual element theory" and "single element theory";and analyzes Ji's deceptive behaviors from the constitutive requirements of the fraud;and analyzes that the claim of the revocation of the contract never exceeds the scheduled period from the different provisions of the General Opinions of Civil Law and the Contract Law.And then this paper analyzes the deficiencies from the judgement made by court of first instance in determination of facts? application of law and the distribution of proof burden;and analyses system of unconscionability by combining the General Principles of Civil Law,and then clearly points out drawback when the party exercising the power of revocation must resort to the court or arbitration,and exercising the power of revocation shall applied to the Contract Law.Finally the author proposes that system of unconscionability shall consider the combination of the concrete and the abstract and the retainment of the alterability of revocable contract,hoping that can provide some reference for analysis of similar cases.