Reach On The Legal Effects Of Contract Rescission

The contract rescission system is worthy of study.The provisions of the Contract Law on the legal effect of contract rescission in China are relatively simple and there is a lot of room for improvement.This paper intends to focus on the legal effect of contract rescission.Part 1 is mainly introducing the current state of legislation and controversial issues in China.Firstly,this part introduces the relevant laws and regulations of China’s"Contract Law" on the contract rescission and its legal effect system,and then enumerates several major controversial issues in China’s theoretical and practical circles caused by the ambiguity of legislation.The introduction of controversial issues is intended to indicate the urgency and realism of the study of the legal effect of the contract rescission.Part 2 compares and evaluates the theoretical theories.Firstly,this part introduces"the theory of contract elimination" and "the theory of compromise".After that,it compares,analyzes and selects two kinds of doctrines around controversial issues.By discussing the advantages and disadvantages of the two doctrines,it finally proves that this paper is more inclined to support the theory of compromise.Part 3 is mainly about the legislative history and legal evaluating analysis abroad.First of all,this part introduces the legislative evolution of the two major legal systems and international conventions on the effect of contract rescission.Afterwards,through analysis,it summarizes the changes of the rules of the two major legal systems and international conventions on the issue of retroactive effect of contract rescission.After Germany’s reform of the debt law,the claim of liquidation relations has become the current development trend.Part 4 is about the proposal to propose legislative reconstruction based on the theory of liquidation relationship.Firstly,this part points out the legislative defects of Article 97 of China’s "Contract Law" on the system of legal effects of contract rescission.According to the liquidation relationship,this paper draws on the relevant provisions of the contract rescission system after Germany’s reform of the debt law,and has carried out a preliminary legislative system reconstruction on the legal effect system of contract rescission in China.The writing clues in this paper are to ask questions,analyze problems,and solve problems.The writing framework puts forward the theoretical and practical controversy issues,introduces two theoretical theories,compares,analyzes and selects the two doctrines around the controversial issues,conducts the legislative construction of our country according to the chosen doctrine,and finally solves the controversial issues.The research methods in this paper include logic analysis,comparative analysis and empirical analysis.By comparing and discussing domestic and foreign legislative cases,relevant doctrines and scholars’ viewpoints,and using the method of interpretation theory to analyze and demonstrate,the paper has carried out a comprehensive and systematic study on the legal effect of contract rescission.The point of this paper is that the legal effect of the contract rescission should adopt the theory of liquidation relationship.On the basis of full discussion,this paper draws on the relevant provisions of the contract rescission system after Germany’s reform of the debt law,and puts forward suggestions on the improvement of the legal effect system of contract rescission in China.