On The Rescission Right Of Contracts

The right to terminate the contract with the development of contract law to a certainstage it appears, not as a contract to produce produce. In Roman times, termination of thecontract is not approved, the contract party to fulfill major obligations, the other party isonly entitled to damages claims, does not have the right to terminate the contract. In the eraof rapid development of commodity economy, the growing pursuit of substantive fairnessbetween the parties to a contract to promote the development of the right to rescind thecontract system. Termination of the contract in our country is an important legal system, butalso an important civil rights. Legally valid contract, the parties have strict legally binding,but also gives the legitimate rights of the parties to terminate the contract. China’s " ContractLaw" the relevant provisions of the contract is terminated system draws on two legal systemslegislative experience, and build a more systematic, detailed contract terminationinstitutional system. However, termination of the contract system in our country there is notperfect legislation designed to place reasonable, in judicial practice, there are also manydifferences. In this paper, based on China’s " Contract Law " the relevant provisions andjudicial practice, the right to rescind the contract to be commentary for the legislative model,content and other issues, and proposed termination of the contract improve our systemrecommendations.The first part is an introduction, the second part of the definition of the right to rescindthe contract, the nature and legal characteristics are described, comparative analysis ofseveral concepts associated with, and further describes the meaning of the right to rescind thecontract; secondly, describes the right to terminate the contract the nature and characteristics;finally elaborated right to terminate the contract of two types, namely, the right to rescind thestatutory right of cancellation and conventions.The third part of the article on the right to terminate the contract were compared. Mainlyin the United Kingdom, represented by the common law system, with Germany, France,represented by the contractual right to terminate the civil law system were analyzed.Respectively, the terms and conditions set forth the terms of the warranty on the UKlegislation; right to terminate the contract and contract termination exist side by side in Germany as well as the right to terminate the contract on the legislative France.The fourth part introduces China’s "Contract Law" on the right to terminate the contractsystem, the right to terminate the contract were the reasons elaborated system generated afterthe exercise of the regulations and the legal consequences of the form as well as our right toterminate the contract system problem.The fifth part of the article for lack of the right to rescind the contract system, putforward relevant suggestions to improve. On the legislative model, because the right toterminate the contract arising from the exercise of the legal consequences of the exerciseprogram and put forward relevant proposals. China should take the termination of thecontract and the contract termination phase coexistence mode; clearly defined right toterminate the contract during the exercise except for exclusion, using the notification arrivedin force doctrine and analyzes the right to terminate the contract objection procedures; clearexercise of the right to rescind the contract retroactivity.