On The Exercise Of The Right To Rescind The Contract

Termination of the contract system of contract law system is an important part of the purpose of its establishment is that when performance of the contract can not, by giving one party the right to rescind a timely manner to lift the contractual relationship between the parties, as soon as possible so that the parties can contract out of constraint, to maximize the interests of minimizing losses.Termination of the contract system is broadly divided into three steps, namely to produce the subject of the contract is terminated, then the exercise of the right to rescind the contract, termination of the contract to produce the final results. Right to terminate the contract subject matter and the results of the exercise is to connect the bridge.This paper is focused on procedural issues related to the exercise of termination of the contract, the contractual right to terminate the exercise of the body, exercise duration, exercise exercise methods and objections were analyzed, divided into four parts to be discussed.The first part introduces the concept and nature of the right to terminate the contract, and the contractual right to terminate the categories described. Clearly the nature of its formation right that when the statutory right of cancellation and conventions exist, under normal circumstances the right to rescind the agreement shall prevail. Finally, highlight the importance of exercising the right to terminate the contract for the following specific procedures to start exercising the right to terminate the contract in question to pave the way.The second part discusses the qualifications to exercise the body to define the contract is terminated, respectively, from the right to terminate the agreement and the exercise of a statutory right of cancellation elaborate body, focusing on the legal right to terminate the exercise scenarios to classify different subjects discussed. A clear right to terminate the contract can only be limited to the exercise of the body enjoys observant, the defaulting party is not entitled to statutory right of cancellation; in the case of force majeure, the right to terminate the ownership still belongs only observant enjoy; in breach of both parties under the circumstances, the innocent party should bear the main responsibility for termination of the contract, that is enjoyed by a minor fault party right to terminate the contract.The third part of the first period for exercising the right to rescind the contract ofa specific type to be classified according to different situations and identify the properties of their scheduled period, and secondly, to exercise the right to terminate the period of "reasonable period" in length and "right to rescind the date of occurrence " How to identify the problems described. I believe that it can determine the length of the applicable law by analogy release [2003] No.7of 15practices; for the starting date should be the date of the general conditions specified in Article 94 of the "Contract Law" applies, but for the third case shall delay in performance, the date of its right of cancellation shall be produced at relatively man after being urged to remain within a reasonable period of non-compliance as a starting point calculations.The fourth part discusses the exercise of the right to rescind the contract issue, the issue revolves around whether to exercise the right of cancellation of the exercise of litigation and affirmed the right of cancellation may apply to litigation after exercise, and then describes the "Notice" whether litigation and litigation procedures to lift the front to lift the effective time of the termination of the contract issues.The fifth part discusses the termination of the contract issues related to the exercise of the right to dissent. This is the second focus of this discussion is mainly divided into four areas to elaborate. First, discusses the exercise of the right of way of objection, the way to exercise the right to dissent is still in litigation or arbitration shall be as necessary. Secondly, discusses the effect of the exercise of the right to dissent, including opposition negates the question whether the exercise of the right to appeal the termination of the contract states the contract validity and objection. Thirdly,the author proposes to deal with the nature of the right to exercise objection period, I believe that the period shall not apply in addition to exclusion, but rather a modification of the statute of limitations. Finally, disscused the effect on the legal issues after the expiry of the objection period, I believe that the exercise of the right to dissent is not to issue a notice to lift people must have a release condition as a precondition.