Price Return After The Statutory Dissolution Of The Bilateral Contract

According to Article 97 of the Contract Law in China,the legal effect of the termination of a contract is quite brief and abstract.As a result,people always feel confused when they try to apply and interpret this regulation,especially where the subject matter was missed or in damage.In this paper,chapter one gives a short introduction on the debate between theories about the legal effect of the contract termination and comes to the conclusion that“Liquidation Relations”can lead to a more proper interpretation and successfully resolve the problem related to the dissolution of the contract.So the outlines of this dissertation will based on the “Liquidation Relations”.Chapter two distinguishes the different circumstances on the reasons for failing to return the subject matter and discusses them one by one.The three circumstances are : force majeure or accident causes the return failing,the return failing is due to buyer's act,the return failing is due to seller's act.The discussion of this chapter draws on comparative law,such as German,Japan and so on,and international treaties.The writer try to find out the value judgment and the legal principal behind the law.With these judgment and principals,coupled with Chinese Contract Law,the writer try to give answers to the question that whether the buyer should pay for the price of the subject matter under these three circumstances.Chapter three respond to the opinions such as the relationship between the payment and the treatment in the bilateral contract and the principal of “ Risk is transferred with delivery ”.This chapter try to demonstrate that the conclusions made by the Chapter two doesn't broken the basic principals in Contract Law.In addition,the chapter try to verify the conclusions by analyzing the similarities between the exclusion of the liability to compensate for the subject matter and the compensation after the termination of the contract.Chapter four discusses how to calculate the amount of compensation.The logically coherent argument believes that the amount of compensation should base on the market price when the contract is terminated.But the text considers,the parties' acceptability and autonomy should still be respected even though the contract is terminated according to the related provision.So the amount of compensation should be settled by the price under the contract.The last chapter makes effort to make the regulations of the dissolution of the contract more specific under the foundation of the above conclusions,in order to improve the liquidation system after dissolution of contract and to resolve the issue of the rights and obligations of both parties where the subject matter is missing and damaged under dissolution of contract.Through this paper,the writer try to,by comparingand analyzing the related provisions of international treaties,law of other countriesand by comparing the liquidation system after the dissolution of the contract,come to the conclusion about the question putting forward in the front of the article.