On The Exercise And Legal Consequences Of The Right To Rescind A Contract

As an indispensable element in the transaction of civil and commercial subjects,contract derivatives have always been an important research object of law scholars.The system of rescission of contract in Contract Law is the most important basic system.There are still many disputes in judicial practice concerning the exercise of the right to rescind contracts.The exercise of the right of rescission of contract is to better guarantee the rights of the parties involved in the contract.However,if the right of rescission is abused,it will certainly destroy the order of market transactions and affect the orderly development of economy.Once the contract is legally established,Dou Ze can not change or cancel it at will unless there is an agreement or a statutory related matter.However,many contracts in the performance of special circumstances can not be met,resulting in the failure to achieve the purpose of the contract,resulting in difficulties to continue to perform.The contract termination system of the Contract Law is to let the parties out of this dilemma,in order to obtain more trading opportunities.Therefore,in order to balance the relationship between the proper exercise of contract rescission right and the abuse of contract rescission right,it is necessary to establish a scientific and effective system of contract rescission,and the exercise of contract rescission right has become the most important research object.In this paper,the right to rescind a contract as a starting point,starting from the overview of the right to rescind a contract,the contract rescind and contract termination,contract invalidity,contract revocation,etc.are compared,leading to the exercise of the right to rescind a contract related issues.The author analyses the exercise of the right of rescission from two aspects: the right of rescission by agreement and the right of rescission by law.This paper studies the way and period of exercising the right of rescission of contract,as well as the objection of exercising the right of rescission of contract,and sums up the legal consequences and problems arising from the driving of the right of rescission of contract.The author believes that the legal consequences of exercising the rescission of contract mainly include the retroactivity of rescission of contract,the relationship between rescission of contract and compensation for damages and other issues.In view of the above-mentioned problems,because there are different academic viewpoints in practice and academia,and there is still room for further research and improvement,this paper,starting from the above-mentioned practical problems,studies the exercise of contract rescission right and its legal consequences,in order to improve China's Contract Law and the system of contract rescission.Power,but also for future research scholars to provide some reference.