Research On The Legal Application Of The Cancellation System Of Installment Purchase And Sale Contract

The cancellation system of installment purchase and sale contract is mainly stipulated in article 167 th of the contract law,but because of the limitation of the time of the legislator,it is no longer possible to properly deal with the problems arising from economic development and focus on safeguarding the realization of the seller's rights at the real level.In the process of compiling the guidance case No.67 th of the Supreme Court,in the course of the codification of the Civil Code,the various sub-parts(draft review of the Bill)published successively and the contract of the Civil Code(two draft review)are perfected in article No.424 of the contract of sale and purchase.Compared with article 167 th of the current contract law,although the effect of lifting the law in the installment purchase and sale contract has not changed,it has perfected the elements of the discharge of the right to cancel the installment purchase and sale contract,increased the seller's reminder and granted the reasonable period obligation,which is actually a milestone in the progress of the application of the installment cancellation system law.Unfortunately,there are many other problems in the theory and judicial practice of the application of the Law on the dissolution of installment purchase and sale contract,and the compilation of the Civil Code contract has not been answered.The problem of termination of installment purchase and sale contract is of practical significance,and it also has the value of discussion in academic research.This paper mainly analyzes the problems existing in the cancellation system of installment purchase and sale contract from the angle of legal application,and starts from the relationship with the legal application of the general contract of sale and purchase,combined with other systems of installment purchase,such as ownership retention system,term benefit loss system,etc,and draws lessons from foreign(mainly German law)legislative experience and judicial practice.And puts forward some suggestions on the solution of legal problems,in order to make the application of installment purchase and sale contract to the law of our country slightly beneficial.The first chapter is introduced from the guiding case No.67 th of the Supreme People's Court,and the problems existing in the process of the application of installment cancellation by point and surface are found.The second chapter begins with the termination of the right party in the installment purchase and sale contract,analyzes the right of rescission,the source of the right of rescission,and whether the identity of the parties should be restricted and what restrictions are imposed.The third chapter mainly starts from the condition of the discharge right of the installment purchase and sale contract,analyzes the legal dissolution subject stipulated in the 167 th and 94 th of the contract law of our country from the angle of the constituent elements,and draws on the relevant German legislative experience,with a view to perfecting it.The fourth chapter mainly to the installment purchase and sale contract to remove the legal effect,combined with China's "contract law" 97 th general legal norms,and systematically investigate the German installment purchase and sale contract to remove the legal effect,put forward in China's "contract law" in article 167 th to clarify the buyer's benefit return,in the return of the value of compensation,And put forward the corresponding determination criteria.In order to protect the rights and interests of the seller in the installment purchase and sale contract,it is usually retained in the agreed ownership,under which the special legal effect of the termination of the installment purchase and sale contract is investigated.