On The Establishment And Exercise Of The Legal Right To Rescind The Contract Of Property Right Type Shops ——Take The Case Of Contract Dispute Between Guo And Chengdu Top Celebrity Investment Co.,Ltd. As An Example

The case of property right type shops is characterized by complex legal relationships and ambiguous nature of the rights involved.Those characteristics lead to the phenomenon where courts of different places may give different judgement on the same case and courts may not follow the same logic to give the judgement on same type of cases,which will affects the social stability.This paper focuses on the contractual relationship and the enjoyment and exercise of the legal right of termination in the contract dispute case of "Guo v.Chengdu top celebrity Investment Co.,Ltd.".In the case evaluation section,the theory of expression of will is used to clarify the inner intention of each party when signing several contracts involved in the process of property right type shop’s transaction and the same contract purpose pursued by multiple contracts;The theory of simultaneous contract is used to clarify the relationship between the effectiveness of several contracts;Through the rules of the generation and exercise of civil rights in China’s civil law system,this paper defines the judgment criteria of whether the right of legal rescission can be generated and exercised smoothly in the case of property right shops.In the part of thinking and suggestions,this paper summarizes the common problems existing in the cases of property right type stores with Chinese socio-economic’s characteristics,and puts forward some suggestions on the trial mode of property right type shops: 1.Determining the scope of the contractual legal relationship through the interpretation of the true intent;2.Judging whether to support the litigation claim by analyzing whether it affects the basic functions of the store.