Research On Legal Problems Of The Objection Institution In Term Of The Termination Of Contract

The right of rescission of a contract is the right that the parties to a contract who have the right of rescission can enjoy in accordance with the agreement or the law.Therefore,in order to limit the excessive abuse of the right of rescission,laws and regulations should reduce as much as possible to cause undue losses to the opposite party.The contract law and the judicial interpretation of contract law(two)stipulate that the other party has the right to challenge the rescission.At present,because the provisions of the system are not specific and detailed enough,many disputes have arisen There are some problems,such as the unclear definition of nature,the dispute of the way and scope of application,the status of the validity of the contract and the inconsistency of the trial practice of the judiciary.The related laws and regulations are not clear and perfect,which causes the problems in the application of the system of rescission of contract can not be solved effectively.In view of the problems existing in the system of objection to contract rescission,this paper takes the typical case as the starting point and studies the different problems involved in different cases.On this basis,the author studies the nature of the right of dissent and the way of exercising it,the nature of the period of dissent and the retro-activity of the period of dissent,and the consequences of exercising the right of dissent within the period of dissent and exercising the right of dissent beyond the time limit.Based on relevant theories and judicial cases,this paper analyzes and collates the system of objection to contract rescission,and draws lessons from the experience of designing relevant systems outside China.This paper makes clear the concept and practical application of the right to dissent,the period of dissent and the consequence of dissent in the system of contract rescission dissent,so as to explore the effective ways to change and perfect the system of contract rescission dissent in China.The objection system of contract rescission in our country should be adjusted and perfected from the aspects of system theory and concrete exercising rules.The system of removing dissent is not applicable to the system of removing dissent without right or reason;by widening the channels to raise objections,substantive review of overdueobjections,clear the status of the validity of the contract and other specific measures to improve China's system of contract rescission objection.