Restitution Of Contract Revocation And Contract Cancellation

This paper studies restitution of contract revocation and contract cancellation,which is based on the Sino-German comparative perspective.The first chapter summarizes Chinese legislation and doctrine and points out,that all disputes are focused on two aspects: the legal nature of restitution of contract revocation and the effect of contract cancellation.The second chapter changes the perspective to legislation and practice of Germany in this area.The "Balance Theory" developed from the judicial decisions and the traditional "Theory of Unjust Enrichment" has been thus corrected.Restitution of contract revocation and contract cancellation are regarded as compared objects in the third chapter.German legislation?doctrine and judicial practice have eventually led to an effect of convergence in the two kinds of restitution.The fourth chapter makes comments on the academic controversy in China from Sino-German comparative perspective.The "Direct Effect Theory" hat great problems;the "Compromise Theory" is relatively reasonable.As for the legal nature of restitution of contract revocation is the "Petition Right on Property Theory" not convincing.In addition,all disputes have ignored the most important problem of risk allocation.The fifth chapter provides a comprehensive solution based on the previous analysis and reviews,which makes convergence of the two kinds of restitution can be achieved in Chinese law.