Font Size: a A A

Research On Limitation Of Enforcement Of Right Of Installment Sales Contract Cancellation

Posted on:2020-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:L ChengFull Text:PDF
GTID:2416330572978244Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Nowadays,with the change of people's consumption concept,it is more and more common to consume by installment.Installment buying and selling means that both parties agree in the sales contract that the price of the subject matter borne by the buyer shall be divided into several phases to fulfill the form of buying and selling.Installment buying and selling originated from the germination and development of commodity economy.With the continuous development and perfection of the market economy system,the status of installment buying and selling is gradually prominent.People often use the form of installment when buying houses or high-end consumer goods.This on the one hand also speeds up the flow of commodities in the market and finally realizes the exchange of values.However,with the application scope of installment sale becoming wider and wider,its institutional malpractice has also gradually affected the harmony of the market trading environment.This article chooses the guiding case No.67 as the starting point,through the study of the restriction on the exercise of the right to terminate the installment sale contract,it is found that the research on the application of the equity transfer analogy to the sale contract is basically blank in both the practical and theoretical circles in our country at present.The core problem of the guiding case No.67 in this article lies in the application of the content in the"Contract Law" No.167 in our country to the installment sale contract.This article attempts to start with the improper application and performance of the right to terminate the installment sale contract in our country at present,carries out its legal principle and analysis,and through in-depth analysis of the reasons and legal effects of restricting the exercise of the right to terminate the installment sale contract,puts forward some suggestions on restricting the exercise of the right to terminate the installment sale contract,with a view to providing valuable ideas for future research.
Keywords/Search Tags:installment payment, Equity transfer, the right of rescission, Sales contract
PDF Full Text Request
Related items