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Comparative analysis of contract law on the right to revoke

Author: YiYu
Tutor: SunXiaoPing
School: Fudan University
Course: Legal
Keywords: Offer to the right to revoke May revoke the contract The creditor has the right to revoke Comparative analysis
CLC: D923.6
Type: Master's thesis
Year: 2009
Downloads: 801
Quote: 4
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Abstract

The theme of this article is the right to revoke the contract law on several comparative analysis. Revocation system is stipulated in the civil law system in the world. Cancellation right will be directly or indirectly lead to the eradication of civil legal relations. Therefore, as an important right, the right to revoke the civil legal system occupies a pivotal position. The right to revoke the contract law also directly or indirectly affect the rights and obligations of the parties to the contract. Legislative purpose for different considerations, China's Contract Law provides for the following revocation of rights: the right of revocation of the contract entered into in the offeror; undetermined effect a contract in good faith is the right of revocation; may revoke the contract revocation rights; Debt Preservation creditors the right to revoke; gift contract donator to rescission rights. Although the names are preceded by the right to revoke the right to revoke the several nature of rights, the legal value orientation, the right to exercise conditions, there are many different legal effects. In practice, the right to revoke these different kinds of confusion understanding may lead to confusion in the legal understanding. Therefore, it is necessary to revoke the right to do a comb and comparative analysis of the several on contract law. Thus helping to build a systematic understanding of the right to revoke the contract law system. This article first chapter begins with an overview of contract law on the right to revoke system. Revocation system derived from Roman law to revoke the complaint, originally set for bankruptcy. With the development of the commodity economy, the expansion of the scope of the right of rescission is an inevitable trend. The widespread presence of the revocation of the right to adjust the legal relationship between the objective need, but easy to confuse the process of legal knowledge and practice. Classification helps clear connotation of rights and rights of legal concepts. Rights legal value analysis is a direct reflection of the legislators to establish the rights of the legislative intent and impact of the effect of the right to exercise. Therefore, the part is then combined with the theory and the current legal framework of the right to revoke the right to revoke on contract law from the nature of the right to exercise the main cause for cancellation aspects of the classification. Then from the point of view of the legal value of the system of contract law, the right to revoke the value orientation analysis. To facilitate follow-up article part of a different right to revoke depth comparative analysis. Chapter II of this article focuses on the related issues of the contract the right to revoke offer the right to revoke and undetermined effect. Contract from the contract entered into, the entry into force of the established view, offer the right to revoke and effectiveness of the pending contract the right to revoke the stage to fulfill are in prior to the entry into force of the contract. Both in the nature of law, revocation object to produce, the eradication of exercise with consequences similar, but the two eventually has a different meaning in contract law. This chapter, respectively, from the nature of each exercise conditions of both the individual analysis, and on this basis, the two carried out a comparative analysis of the differences. Meanwhile, in the first part of the chapter interludes offer the right to revoke the right to revoke the legitimacy of comparison. Chapter two main stage performance of the contract the right to revoke that creditors the right to revoke and related issues may revoke the contract right to revoke the depth discussions. This chapter continues the research ideas of the previous section, that a comparative analysis of the different individuals on the basis of the analysis of the individual. The first part of this chapter around the creditor the right to revoke the nature of its constituent elements expand. To clarify the nature of the right to revoke part in creditors claims to form the right and compromise said the point of view of the three theories, and focuses on the merits of the compromise said. Creditors the right to revoke the constituent elements from both the objective element and a subjective element to the legal norms as the basis and the related doctrine discussed. Revocation of the right to withdraw from the contract based on fraud, duress, major misunderstanding, a position of vulnerability and unconscionability five kinds of revoking causes produce, the revocation of the right to present complex diversity. Therefore, it is necessary for individual analysis from the revoking causes the angle of the revocation of the right to withdraw from the contract. On the basis of the analysis of both individual and combined analysis before conclusions, the third part of this chapter to the creditor's right to revoke the right to revoke and withdraw from the contract revocation of the right to object, the effectiveness of the pending contract, the nature of the rights, the rights of the three from consequences of reasons, the effectiveness of the rights and the legal requirements, the right shall be extinguished case, the exercise of rights, the exercise of the rights of the six aspects of the analysis of the differences. Fourth major donor contract in contract law revoked the rights system in the position to explore. Unlike other contract law on the right to revoke the right to revoke the gift contract provisions in contract law, sub-section. From a legal analysis, the exercise of the right of revocation is more relaxed conditions than the other right to revoke the contract law, highlights the concern and attention of legislators on the rights of the donor. Therefore, the establishment of the right of revocation has strong peremptory norms of color. The first part of this paper is mainly the right to revoke the contract of gift of content from any revocation rights and the legal right to revoke the angle be expositions. The second part of this paper the donor the right to revoke the status of contract law revoked the rights system status Exploratory. The part of first intention as the starting point, through a comparative analysis to clarify the gift contract the right to revoke the right to revoke the similarities and differences. On this basis, a representative to the relationship between debt creditors the right to revoke compare objects, focus on a comparative analysis of the difference between the two. Chapter three discusses the issues related to the right to revoke the Contract Law. The main content of the first part of the chapter is a comparative analysis of the right to revoke the contract law and other similar rights, focus to withdraw from the contract the right to revoke the comparison object. Including the revocation of the right to withdraw from the contract with the comparative analysis of the right to terminate the contract, and may revoke the contents of the contract system with invalid contract system and differential analysis. Two rights regime comparative analysis, further broadening the right to revoke a comparative analysis of the field of vision, and conducive to the proper exercise of the rights in the judicial practice. The second part of the chapter is perfect for the revocation system perspective, Discrimination of the existing legal regulation, and domestic and international doctrine and legislative experience, perfect creditors the right to revoke system, may revoke the right of revocation of the contract and the contract of gift revocation system related legislative proposals. This article is always around contract law on the right to revoke the analysis of the main body. The idea of ??writing this article on the basis of the analysis of the individual, a comparative analysis of the differences between the different or similar to the right of revocation. The purpose is to more clearly define the contract law on the different legal value and legal effect of many aspects of the existing differences and similarities in the nature of their rights, the exercise conditions, the right to revoke. To promote the depth of several right to revoke the contract law correctly fulfilling and related theory. However, from the perspective of comparative analysis the revocation system of contract law, there are still many questions and details worthy of further study.

Comparative analysis of contract law on the right to revoke

Abstract

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