Comparative Law Of The Contract Right To Terminate The System

This essay aims to do a systematic research and exploration aboutthe rescission right of contract. The essay does a comprehensiveanalysis and comparative research of the rescission right of contractincluding Ancient Rome, the principle representative countries undercivil law system and common law system as well as the internationalconventions, respectively in terms of the arising reasons and theircompositions, exercise effects and exercise procedures of therescission right of contract. The author expects to figure out thesystematic characteristics, evolving principles and developingtrend of the rescission right of contract and then review therescission right of contract in China's current law systems in orderto probe the effective ways for its improvements and consummationHenceforth, the essay is divided into three chapters for furtheranalysis.Chapter One The General Theory of the Rescission Right of ContractFirstly, the first part of this chapter defines the connotationof the rescission right of contract and its legal characteristics.Then the second section of this chapter focuses on the dissertationof the systematic orientation of the rescission right of contract.The essay holds that the rescission right of contract shall be coveredby the contract effectiveness system in a broad sense. Namely, therescission right of contract is deemed as a sort of mechanism endowedby law to enable the parties to "extricate" from the binding of thecontractual relationship.Chapter Two The Development, Evolvement and system Review of theRescission Right of ContractThis chapter dissects the evolvement of the rescission right ofcontract system and its manifestation in laws among differentcountries. In the first section of this chapter, the authorconcentrates on the evolvement process and characteristics of the rescission right of contract in the development of the contractualobligation of Ancient Rome. From the second section to the fourthsection of this chapter, the essay researches the rescission rightof contract contained in the above-mentioned countries andinternational legal documents respectively.Chapter Three The Comprehensive Analysis and Comparative Researchof Rescission Right of ContractIn this chapter, the essay focuses on the analysis of the essentialcharacteristics embodied in the development and evolvement of therescission right of contract in the aforesaid countries andinternational legal documents. The essay points out the followingfeatures: First, the evolvement of the contractual concept exertsgreat influence on the development of rescission right of contractsystem.Second, the mutual assimilations and references between thetwo legal systems are brought into full play especially during thedevelopment of the rescission right of contract, which can beconsidered as a paradigm itself. Third, the assimilations amongdifferent countries and different legal systems tend to become moreand more potent and obvious.