Study On The Qualitative Problem Of The Liability In Restitution After A Contract Terminated

The qualitative problem of the liability in restitution after a contract terminated is a problem with practical significance. Because the qualitative problem of the liability in restitution related to its application directly, while the application influences the actual benefit of contractual parties directly. Currently, different theories give different explanations on the qualitative problem of the liability in restitution, and the legal provisions of different countries on this issue are also different. So what exactly is the nature of the liability in restitution? And what is the best way to arrange the restitution after a contract terminated? This problem needs to be researched and solved urgently. Because of this, the author hopes that through theoretical research and legislative pattern study, we can find a kind of explanation on the qualitative problem of the liability in restitution, which is not only logical, but also can ensure the benefit balance. Further we can seek for an improvement way for the legislation of our country. Besides lead-in and conclusion, the dissertation is divided into two chapters to analyze and interpret the topic.Chapter one is the theoretical research and legislation comparison of the liability in restitution after a contract terminated. This chapter mainly analyzes and discusses the theoretical basis and legislation in detail. The theory which holds the termination should have retroactive effect is easily influenced by some factors. And it makes the explanation to the liability in restitution complicated. On the contrary, there are also some theories which hold the termination should not have retroactive effect. And some of them insist that the qualitative problem of the liability in restitution should closely link with the value and the goal of contract termination. Different Countries' legislation on the liability in restitution is different too. In German, the law of obligation has taken the standpoint that the termination should not have retroactive effect. The provisions of CISG, PICC and PECL seem to reflect the same tendency.Chapter two is the analysis of the liability in restitution after a contract terminated in the legislation of our country. With the theoretical research and legislation comparison above, this chapter analyses the qualitative problem of the liability in restitution and its cause in the legislation of our country. And a method of improvement to the problem is also proposed in this chapter.Through the analysis above,the dissertation finally comes to a conclusion that the qualitative and applicable problem of the liability in restitution should closely linked with the value and the goal of contract termination. The value or the goal of contract termination is releasing the right holder from the contract which he/she can't benefit from and restitution. The Claim of restitution after a contract terminated is an obligatory right. Based on this standpoint, a method of improvement to the qualitative and applicable problem of the liability in restitution is proposed in the dissertation.