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Study On The Right Of Exercise To Terminate Of Contract

Posted on:2016-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q BiFull Text:PDF
GTID:2296330464468193Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
This article analyses the arguments in academic field and the judicial decisions about the system of termination of contract to find the defects of the system and proposes personal recommendations on the system.I hope I can do something to unify the legislation and the application of the system of termination of contract. I also hope I can try my best to regulate the order of the socialist market economy. This test includes the following four sections:The first part mainly expounds the main body of the system of termination of contract. The innovation is that I propose that the delinquent party should have the right to terminate a contract under certain conditions. Besides I make it clear that the court is just the main body to confirm the effect of the termination of contract.The second part mainly talks about the mode to terminate a contract. To avoid the contract in a state of uncertainty, I propose that the law should stipulate that notice should be made in written form. If the main body terminates a contract by charging, the legal language should be regulated.The third part mainly talks about the time limitation of the termination of a contract. I propose that other cases are not suitable to apply to the article 15 of the judicial interpretation. And the different cases should apply to different terms.The fourth part mainly expounds the term of the right to dissent from the termination of the contract. I find it unreasonable to apply to the term of the right to dissent from the termination of the contract. So I put forward that we should abolish it.
Keywords/Search Tags:termination of contract, efficient breach of contract, the right to dissent from the termination of the contract
PDF Full Text Request
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