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Study on the Qualitative Problem of the Liability in Restitution after a Contract Terminated

Author: LingLi
Tutor: ZhangChi
School: East China University of Political Science
Course: Legal
Keywords: Termination of Contract Restore Qualitative Applicable
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 58
Quote: 0
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Abstract


After termination of the obligation of restitution qualitative problem is a problem of practical significance. Because the obligation of restitution after termination qualitative directly related to its application, and the application of different rules is directly between the parties led by the Department of tangible benefits. Restitution obligations currently in issue, there is a wide variety of theorists explain the provisions of national legislation are also many cases different. Then the nature of the obligation of restitution what? Restitution after termination of the contract exactly how to arrange better? Has become urgent research and specific questions. Based on this, I hope through theoretical studies and legislation of research, qualitative and restitution obligations applicable to the issue, be able to find both a logical, but also to ensure that the interpretation of the balance of interests, and thus seek to learn from our country's legislation in order to improvement. Accordingly, this article is divided into two parts of the above problems are analyzed and explained. The first chapter is the obligation of restitution after termination of the theoretical basis of comparison with the legislation. This chapter is from the theoretical and legislative compare two aspects of the detailed analysis and discussion. In theory, the direct effect of said property vulnerable due to sexual behavior with no result, there has been reset due to sexual situations Property circumstances and other factors, making the theoretical interpretation of the obligation of restitution under diversified and complex characteristics. Indirect effects said creditor and the debtor, said in explaining conversion to varying degrees with a tricky process. Emphasizes the relationship between said lifting liquidation purposes, focusing on the balance of interests. Obligations in national legislation on the restitution provisions is different, after the reform of the German government bonds direct effect of a change in law said that the position and the adoption of the liquidation, said relations theory. Related conventions legislation CISG, PICC and PECL provisions seem to reflect this trend. The second chapter is legislation after termination of the obligation of restitution. This chapter combines the above theoretical analysis and comparative legislation, through the interpretation of our legislation on restitution obligations and rules qualitative design problems and causes for the problem, develop a complete path. Through the above analysis, the paper concludes that the obligation of restitution after termination qualitative and applicable, must be around the surrender value of the target. Surrender value of the target, but the loss of benefits from such termination right freed contractual obligations, and makes the property interests of the state between the parties to a contract to restore the previous situation. After termination of the liquidation of the obligation of restitution but settled relationship, based on the specific purpose of restitution resulting from a debt obligation. According to this concept, the paper proposed the improvement of China's legislative path to both by theoretical and legislative helpful.

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