Research On The Causes Of Contract Legal Rescission

As a basic legal system, contract legal rescission system is of significant position and role in modern social market economy activities. And the cause of contract legal rescission is one of the core elements in contract legal rescission system. With the changing times and social development, contract legal rescission system is now facing all kinds of challenges. Contract legal rescission causes still have urgent problems needed to be improved. How to draw lesson from the advanced legislative experiences of other countries, to complete our country’s contract legal rescission causes, is the purpose and objective of this paper. Hence, it conducts a comparative study of legislation and theory of contract legal rescission abroad, and discusses merits and defects of domestic contract legal rescission causes. Based on domestic Contract Law, aiming at the existing problems, the study provides proper suggestions to complete domestic contract legal rescission system.The paper is divided into four parts.Chapter one is the basic research on contract legal rescission causes, and defines contract legal rescission and termination of contract. It analyzes the connections and differences among rescission of contract, termination of contract, cancellation of contract, alteration of contract and void contract. From the legal perspective, it reflects on the determination of contract legal rescission causes.Chapter two conducts a comparative study of legislation and theory of contract legal rescission at home and abroad. It gives more detailed reviews and comparisons about two legal systems and provisions of contract legal rescission causes in international conventions. In combination with domestic Contract Law, the study discusses the significance of drawing lessons from the advanced legislative experiences of other countries.Chapter three explores the classification of domestic contract legal rescission causes, with reference to legislation abroad, makes an assessment of the existing domestic Contract Law and related judicial interpretation of contract legal rescission causes.Chapter four gives suggestion on completing domestic contract legal rescission system. Aiming at the existing deficiencies in China’s current legislation, this paper puts forward sound suggestions. It discusses the force majeure as exertion subject in contract legal rescission, drawing lessons from legislation abroad, in the change of circumstances properly introducing "obligation of renegotiation". Furthermore, it clarifies the applicable relationship between the change of circumstances and force majeure, to improve and perfect fundamental breach of contract, anticipatory breach and delay in performance and so on.