On The Exercise Of The Right Of Objection To Contract Rescission

The parties to a contract shall be bound by the contract and shall fully perform their obligations in accordance with the terms of the contract and shall not terminate the contract at will.However,when the purpose of the contract cannot be realized due to force majeure or fundamental breach of contract by one party,the law allows the parties to exercise the right to terminate the contract to get rid of the binding force of the contract.At the same time,in order to prevent the rescission right from being abused by the rescission right holder,article 96 of the contract law grants the non-rescission right holder the right of objection,and article 24 of the supreme people's court on the application of interpretation(ii)of the contract law of the People's Republic of China"(hereinafter referred to as "interpretation ii")first stipulates the period of objection.However,there is still a big gap in the legal provisions on the right of objection to contract rescission.In order to enhance the practicality of the right of objection to contract rescission and deepen the understanding of the system of objection to contract rescission,this paper puts forward a new perspective on the right of objection to contract rescission.The paper is divided into five parts:The first part is about the background and significance of the objection right to contract rescission.The purpose of establishing the objection system of contract rescission is to balance the rights and interests of the parties to the contract,that is,to realize the equality of the rights of the parties.The second part is the analysis of the interpretation of the objection to the termination of the contract.This part analyzes the three understanding schemes of formal understanding,modified formal understanding and substantive understanding,and demonstrates the theoretical differences between formal understanding and modified formal understanding from three aspects: the way of exercising the objection right to contract rescission,the nature of the objection right to contract rescission,and the objection period of contract rescission.The third part is the analysis of the malpractice of understanding the form of objection right to contract rescission.This part firstly analyzes the objection right of contract rescission based on formal understanding,which indicates that the formal understanding scheme will lead to the validity of the contract rescission without the right of rescission.Secondly,the revised formal understanding program is analyzed.In addition,the formal understanding of article 24 of the second interpretation is divided into four situations to clarify its negative impact.The fourth part is the analysis of the superiority of the right of objection to contract rescission.First of all,it explains that there is a certain theoretical basis for substantive understanding from four aspects.Then,based on the substantive understanding scheme,it provides a solution to the problems existing in the application of the objection right to contract termination.Based on the substantial understanding,the author understands the objection right to contract rescission,and finally puts forward the practical advantages of the objection right to contract rescission.The fifth part,through the analysis of the right of objection to contract rescission,puts forward the applicable scheme of the right of objection to contract rescission.This paper illustrates the applicable scheme of the right of objection to contract rescission from three aspects: the scope of examination of the action of objection,the applicable premise of the right of objection to contract rescission,and the way to exercise it.