On The Lifting Of The Contract

Legal rescission is a means granted by law for the injured party to protect his rights when the other party breaches of faith and the injured party may be relieved from the duty to perform, avoids or decreases the losses caused by the other party in time. This remedy leads to the termination (avoidance) of the contracts of parties, so all countries provide very strict limitative requirements for it but they are quite different in specific provisions. This thesis will compare and analyze those relative provisions in contract laws or case laws of some main countries and in international uniform codes in order to provide some advice on how to improve the system of legal termination (avoidance) of contracts in our contract law.The thesis,starting from the comparison of the legislation, the cases and the theories both Civil law and Common law, following the development of the history of rescission system, adopting the research methods of comparative analysis, and logical analysis, probed systematically into the system of rescission. This thesis consists of four chapters, with about 39 thousand Chinese words.Chapter one discusses the definition of rescission. First, it explains the reasons that exclude rescission through consultation from rescission system. Secondly, it acknowledges that its effectiveness may be retroactive after the rescission. Thirdly, it analyzes the characters of rescission. In the second section, the difference between rescission and termination is studied.In chapter two, the development of rescission system of Roman law, French Civil Code, Common law and Civil law in the late 19^th century is mainly reviewed in the first section.The thesis sets forth the existence of the theoretical basis of rescission system in the light of basic principle and function (the function of protecting the rights of the party and encouraging business) of contract law.Because the reason of recession by agreement is wholly depended on the conditions agreed upon by the parties in the contract, it is difficult to make uniform statutes. Therefore, chapter three only discusses the reasons of legal rescission. The reasons of legal rescission are also one of the core contents of rescission system. The first section mainly makes the...