Comparative Study Of Legal Rescission Of Contracts Between Our Country And Foreign Countries

Rescission of a contract is an important basic regulation of contract laws. According to the dominant ideology of continental legal system, Legal rescission is the concrete rescission of a contract instead of agreed rescission of the contractors. Legal rescission is the beneficial regulation for the aggrieved contractor provided by laws. It is also a remedial measure for the violation of a contract which helps reduce, even eliminate the loss resulted by the breaking a contract. Along with the development and consummation of the market economy of our country, more and more contract behavior appears. Therefore, more and more problems related to contract rescissions appears in the process of the performance of contracts. There is still something needs to consummate about contract rescission of laws of our country. This thesis is mainly about the comparative study of the legal rescission of contracts. The objects of study are the "United Nations Convention on Contracts for the International Sale of Goods", the "German Civil Code", "The French Civil Code" and the "Chinese Contract Law". The thesis analyzes the similarities and differences about the legal rescission of contracts among those three laws from the substantial prerequisites, procedures and legal consequences. In order to consummate the legal rescission of contract according to our national conditions, we have to find out the similarities and differences between the regulations of our nation and other countries. Therefore, comparative analysis is a necessary method for the study of this field.This thesis composes by four charters. Charter 1 is the summary of the legal rescission. This charter introduce the concept of the legal rescission, the relations between the legal rescission and the rescission, the relations between the legal rescission and right of legal rescission and the overview of the legal rescission of our country and foreign countries. This charter determined the intension and extension of the legal rescission and the legislative status of the study objects. Charter 2 focuses on the substantial prerequisites of the legal rescission and the experiences can be learned for our country. Charter 3 is mainly about the comparative analysis of the procedures of legal rescission. Charter 4 is mainly about the comparative analysis of the legal consequences. Charter 3 and 4 also provide some suggestion about consummating the legislation of our country.