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Study on Legal Problems of Rescission of Contract

Author: HongYu
Tutor: DaiYongSheng
School: East China University of Politics and Law
Course: Civil and Commercial Law
Keywords: Termination of the contract Statutory Dissolution Principle of changed circumstances Contract right to rescind International Civil and Commercial Matters International treaties Cancellation a Condition part Convention lifted Damages
CLC: D913
Type: Master's thesis
Year: 2004
Downloads: 473
Quote: 3
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Abstract

Integral part as an integral part of modern contract law system, the termination of the contract system by increasing the universal importance of the national legislation and the administration of justice, and at the same time, the provisions of international treaties to absorb of Two Schools countries on the termination of the contract system, to civil and commercial matters of international The contract release to make a more unified, scientific and flexible specification. Our current \the Ministry contract law conflicting confusion, I thought was a big step forward for legislation. However, the system's deficiencies and defects of the existing contract is terminated and can not be ignored, especially after joining the WTO, China will be in a larger scope, a deeper level participation in economic globalization, as the most important international civil and commercial transactions in the form of contract, its the effectiveness of the parties is crucial, therefore, set up to dovetail with international treaties, a complete system, standardize the science of the termination of the contract system is imperative. In view of this, the paper intends to adopt a study of comparative law, and legal problems combined with the termination of the contract in the judicial practice expand Discussion of the pros and cons of the abolition of the lift system from the point of view of the legal principle value and system design of our contract to re-build the ideal the termination of the contract system. This thesis is divided into five chapters, respectively overview of Chapter termination of the contract, the second chapter of the contract lift conditions, Chapter legal contract lift conditions, the legal effect of the fourth chapter of the termination of the contract, the fifth chapter of the right to terminate the contract the exercise. Covering important legal level of the termination of the contract system in general, and one of the important legal issues lt; WP = gt; eleven be reviewed and put forward their views and suggestions. Outlined in the first chapter contract lifted part, I first analyzed the connotation of the jurisprudence of the termination of the contract, termination of the contract and the termination of the contract is a distinct concept, demonstration existing contract law to the termination of the contract as a form of contract termination the legislation biased reason. Secondly, one by one of the basic types of the termination of the contract be Review, and further analysis of the agreement should not be lifted into the contract grounds of the lifting system. Release in the second chapter of the contract conditional part of the contract of the articles in the civil law countries convention lift conditions on the basis of comparison, made a number of recommendations for how to regulate right of cancellation terms, for example, could invoke the basic principles of civil law or applicable contract law regulating format provisions to regulate the right to rescind the terms and conditions, the terms of the loss of the right could be introduced as a convention the right to rescind the cause. Chapter legal contract lift conditions part the author focuses hesitate to pen and ink chapters, because it is undoubtedly the core content of the termination of the contract system. I will be the principle of changed circumstances and breach of contract as the lifting of the contract legal causes. Changed circumstances with the contract legal lift, the concept of change from the situation, the applicable conditions of the changed circumstances caused by the termination of the contract as well as the situation changes, exercise the right to rescind the effectiveness be demonstrated. Legal breach of contract and contract lifting of the relationship were released on the civil law of breach of contract, fundamental breach of the Common Law system, a fundamental breach of the provisions of the international treaties comments, on this basis, the author of the \Cancellation a one by one to explore, to clear its pros and cons, and endorsed the \technical rationality. In the legal effect part of the fourth chapter of the termination of the contract, in the cited legislative doctrine on the termination of the contract retroactive effect, I lifted the contract in principle have retroactive effect, the value analysis, and not have retroactive termination of the contract situation. The termination of the contract and damages relations that the current legislation is the termination of the contract and the debt does not fulfill the damages established doctrine and statements corresponding justification. In addition, the different circumstances of the termination of the contract damages. In the fifth chapter, the author around the contract right to rescind the exercise of First clarify the subject and the exercise of the exercise of the right to terminate the contract, highlighting the appeal trial practice solution to the problem of the termination of the contract recognized. Second, make relevant recommendations on the right to rescind the exercise period of the period for exercising the right to dissent. Finally, the right to rescind the elimination of the reasons to be summarized.

Study on Legal Problems of Rescission of Contract

Abstract

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