The Termination Of The Contract Retroactive Effect

Whether is the original status to be restored after a contract is rescinded? This question is not that of judging by valuation in law,but is that of understanding the object of rescinding-contract. So,we should discard the "preference for defining" and begin study from object itself. According to above,the question is not whether the original status should be restored,but it is whether one or two concept should be use to express the various statuses of validity of contract brought from rescinding contract in part or whole. In addition,the question also involves who have right to decide whether to restore the original status and what should be taken into account when decision is made. The writer thinks:one concept should be use to express the various statuses of validity of contract brought from rescinding contract in part or whole;at first,the right to decide whether to restore the original status belongs to parties of contract,then it belongs to judge or arbitrator,however,when decided,they should be bound by following actors:performance and character of contract,provisions in law,dealing security of a third,opinions of superior department,purpose of system of rescinding contract and principles of fairness and benefit,etc.