Research On Objection System Of China’s Right To Terminate The Contract

The purpose of the parties is the soul of contracts. But when the purpose of the contract the parties can not be realized, one-sided emphasis on the objective seems unrealistic.So for the purpose of the contract can not berealized, the provisions of the law reulate the rescission of contract.Termination of contract can eliminate the contractual relationship between the parties, and therefore can not be abused. In order to balance the relationship between the parties, in giving a party right to terminate the contract,at the same time, also give the other party objection rights of the contract termination, namely the objection system. China on the lifting of the contract provisions of dissent is not perfect, there is a need to further understand, unify the understanding of the place, it is the academic and practical circles for the termination of the contract objection controversial place, for these disputes, a direct result of the treatment in the legal consequences of the termination of the contract on the chaos, and to the judicial practice in operation on the problems and difficulties brought.which led directly to the processing in the legal consequences of the termination of the contract on the chaos, and to the judicial practice in the operation has brought trouble and difficulties.This paper illustrated by the case of "Shanghai Pu Yang Investment Company Limited and Shanghai Jiading Loo Goo Shopping Limited contract dispute",to analysis how to apply contract law in the practice of interpretation(two) the relevant provisions of article twenty-fourth. Through the three points of dispute of contract rescission objection, put forward the existing problems, namely, the lifting of the contract dispute objection way of exercise; exercise period of contract rescission objection to the battle; the validity of the contract rescission objection of the dispute, combining the analysis of the specific case, and put forward my own views on the dispute. On the basis of the rescission of contract objection analysis of existing problems and put forward the improvement suggestion, expect to have the significance of improving the objection system of contract rescission.This paper mainly adopts the mode of writing is the case analysis, attempts to answer specific questions existing in the academic and judicial practice of China’s objection to the termination of contract.The article is divided into four parts. The second part is the focus of this article.The first part is the case introduction and the focus of controversy. Taking Shanghai Puyang Investment Company Limited and Shanghai Jiading appeal Loo Goo Shopping Limited contract dispute case, draw the theme.The second part is the analysis of the legal rescission of contract the objection system. Including the termination of the contract and the termination of the contract the objection problems and reflection of the objection system. This is the key content.The third part is the analysis of the case in the first part, to draw their own conclusions.The fourth part of the article mainly aimed at the existing problems of contract rescission system of objection put forward a perfect suggestion.