A Brief Analysis Of The Determination Of The Unilateral Rescission Right Of The Contract

In recent years,with the rapid development of the socialist market economy in China,private From 2000 to 2020,an ever-upward trajectory for China's economic development,people's standard of living than 40 years ago,had the very big change,more and more people from adequate food and clothing to pay attention to a healthy diet,from a living environment to have a more comfortable and convenient living accommodations,building business become the most popular of the 21 st century,with the increasing number of residential areas,there are differences in people's understanding of the problem is inevitable,so the disputes is increasing.The sale of commercial housing is a common form in the field of civil activities.As a social person,housing is his resting place,for which many people spend most of their income.In the case of wang mou mou v.wanda company,the judgment of first instance and second instance is completely different.Although the general provisions of the civil law have detailed provisions on major misunderstanding and fraud,in practice,there will be a variety of situations,the legal relationship between the parties is difficult to identify.Based on the above reasons,this paper takes the commercial housing dispute case of wang xx v.wanda company as an example to try to evaluate the dispute focus of this case: 1.Whether wanda company constitutes contract fraud;2.2.Whether wang mou constitutes a major misunderstanding;3.Does wang have the right to unilaterally terminate the contract?The author draws a conclusion from the existing legal provisions,the judicial interpretation made by the two higher authorities and the theory of jurists that wanda company does not constitute fraud when signing the commercial housing sales contract.Wang mou when signing commercial housing sales contract does not constitute a major misunderstanding;Wang mou mou does not enjoy unilateral discharge right.Finally,the author takes this case as the starting point to sort out the deficiencies of the current provisions on fraud and major misunderstanding in China,and puts forward his own Suggestions for the modification of the provisions of article 94,paragraph 4,of the contract law.