To Exercise The Rights Of The Termination Of The Contract

The system of contract rescission of contract law is the most important one of system of system, the creation of the significance is that when the contract is serious suffocate suffocate, the right holder may exercise the right to rescind a contract to" escape" the contract bound. The system of contract rescission attentions are focused on the conditions of contract, contract of the consequences of such static level, but to exercise the right to rescind the contract so that the dynamic field of research is not deep enough.This paper from the following aspects of the contract to exercise the right to rescind system were studied:The first part defines the definition and classification of the right to terminate a contract; right to terminate a contract discusses the nature, summed up the right to terminate a contract of right of formation, and by right of formation produced by the individual characteristics are analyzed; discusses the right of termination of the contract, for the parties to exercise right of rescission found in accord with legal theory on the basis of.The second part mainly expounds the rescission right of contract main body and a range of issues, i.e. the right to terminate a contract is who should exercise and to what kind of contract exercise problems. After a discussion of classification, defined the right to rescind a contract should be made by the termination right the parties themselves and have laws, court or I authorize people to exercise, but excluding the court to exercise the right to terminate a contract directly. On exercising the right of contract rescission range undertakes comparative study, the conclusion is drawn that the right to terminate a contract not only can be used for temporary contract, effective contract and bilateral contract, also can be applied to continue the contract, has been established but are not yet effective contract and contract.The third part of the system of contract rescission procedure. This article from the right to terminate a contract to start notification procedure and termination right the relative person start objection procedure two ways, one is discussed with respect to the right to terminate a contract notice effective principle, various notification form right to terminate a contract effectiveness as well as the impact of force majeure causes delayed notification and the contract due to force majeure notice of termination between, on the other hand, the right to terminate a contract dispute, the body exercise, exercise time and its effect to undertake comprehensive analysis.The fourth part is to exercise the right to rescind the contract limit study conducted by. Right to terminate a contract time limit has two, one is a scheduled period, two is a warning system. In addition, law of the people’s right to terminate a contract to give up also exercise the right to terminate a contract limit.