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The termination of the contract Legal Issues

Author: YuanWenQuan
Tutor: ZhaoWanYi
School: Southwest University of Political Science
Course: Legal
Keywords: Termination of the contract Legal Issues Agreement is terminated Convention lifted The termination of the contract system Investigation and analysis Statutory Dissolution Modern Contract Law The termination of the contract conditions Terminate the contract
CLC: D923.6
Type: Master's thesis
Year: 2002
Downloads: 412
Quote: 2
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Abstract

Termination of the contract as an important part of contract law and a legal system, is the effective establishment of the contract has not yet started to perform or have begun to fulfill but not yet completely fulfilled, according to the law or because of the meaning of a party or agreement between the two sides, based on contract civil gate C and obligations to the beginning eradication or to the future elimination of an act, an abnormal termination of the validity of the contract. The termination of the contract is an important research topic in the field of modern contract law, an irreplaceable position and role in modern people's economic life interactions. In this paper, the use of a variety of research methods, based on our current contract legislation, contract lifting at home and abroad in the investigation and analysis on the basis of the theory and legislation, combined with the developed countries and regions, and the International Convention on the success of legislative experience and common rules, relieve the system of modern contract several significant and realistic theoretical issues in-depth analysis and systems research, which reveals the internal operational mechanism for the termination of the contract system, to build a more modern contract lift the legal system. The introductory part, the development of the termination of the contract from the start, leads to the issues to be discussed, and to clarify the need for research on the subject in the termination of the contract in the importance of the social and economic life and the new situation. Meaning part of the jurisprudence of the termination of the contract on the termination of the contract first theoretically different perspectives and different use of the concept of the legislation on the termination of the contract for comparative analysis, define the basic meaning of the termination of the contract. And then from the five aspects the abundant jurisprudence implies the termination of the contract. The termination of the contract system based on the value of the new development of the modern market economy and China's accession to the WTO, the international and domestic civil and commercial matters transaction discusses the termination of the contract as a legal system in the social and economic life of the four value pursuit. Termination of the contract with neighboring Concepts section mainly on the termination of the contract and legal concepts associated with several important differences between the clearly demarcated boundaries between. The termination of the contract in the form of legal analysis section analyzed by examining the modern countries of the termination of the contract in the form of legislation, combined with the relevant provisions of the current contract law, proposed the termination of the contract type contract law in China should have five, that the Agreement is terminated, and they agreed to lift the legal discharged, agreed with dissolving conditions the lifting and judicial lift and were discussed. Part of the problem of the application of the law of the termination of the contract conditions mainly Agreement is terminated, conventions canceling statutory lifting lift in the form of three major contracts applicable conditions of the specific analysis and exposition. To the legal termination of the contract on the basis of canceling the agreement to terminate the contract in the analysis protocol focused by the two legal systems on the the statutory Xie Peng same legislation fox examine the relevant international conventions, through chanting of the provisions of the legal · terminate the contract conditions, systematically discussed and comments the order contract law in China five specific Na na age with about law and asked organs in carving out their own cut. Fox part of the contractual right to rescind the exercise of the legal issues surrounding the right to rescind the service problem, first of all. The candied ex exercise program and co-lose Peng same jump two female the contract solution of boron follow program. Secondly, the discourse Pro sad face legal restrictions on the exercise of the termination of the contract-shirt by slave questions. Finally, according to the legislative practice of civil law countries and regions, combined with the legislative requirements of the order contract law in China, handling stolen goods the the guide the manul same solution wrist eliminated five cabin Pina. Part of the two contract discharged cafe jurisprudence Discovery First, lift the retroactive effect of domestic and foreign contracts both from the theoretical and legislative analysis of the inspection, the lift with or without retroactive effect in determining the contract should be considered legal elements. Second, lift secrete different Pina solutions wrist under the same legal consequences. Which focus on the solution Peng the damage jumped problem with after.

The termination of the contract Legal Issues

Abstract

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