Research Of The Rescission Object

Many problems about the termination of contract exist in judicial practice,legislation system and academic research. The judicial practice has different judgments when it comes to whether the termination of contract has the responsibility for breach of contract and can protect the anticipated profits. It is a defect in legislation system to regard the termination system as an end in “Contract Law”, and also the legal effect of the termination contract isn't stipulated clearly. No distinction between rescission objects is made and excessive stress is laid on retrospective effect,they are the misunderstandings in academic research. Therefore, the problems of the termination of contract should take termination objects as the breakthrough point. The research of t termination does not mean to find out which kind of contract can be applied to the termination system, but to discuss which kind of contract consensus should be regarded as termination objects in the termination of contract.From the narrow sense, a consensus means an agreement in a particular meaning which makes it possible to categorize the consensus in contract. According to the "Contract Law" and the existing legal provisions, specific consensus still has subsisting force and applying force after a contract is terminated. On this basis, when combines different features, contract consensuses can be categorized into payment consensus, relief consensus and clearing consensus. Payment consensus is a consensual collection related to the performance of the contract paying obligations,including main payment obligations and subordinate obligations, closely related payment obligations conditions, time limited consensus and guaranteed consensus.Relief consensus consists of observant party's remedy consensus. And clearing consensus includes the terms of settlement, liquidation and arbitration clause. Making payment consensus as the objects of the termination of contract is in line with legal hermeneutics, accords with the basic theory of right of claim and even more corresponds to judicial reality. After the payment consensus terminated, relief consensus and clearing consensus still have performance interest and the contractual relationship is not eliminated. Indemnification for damage after the termination should be combined.By studying the contract terminated objects, the research on termination of contract can be regressed to legal dogmatic, making the research of basic theory ofcontract law move forward from constructivist view to interpretative theory. From the judicial practice, the legal effect of rescission will be more conductive to practical operation if it is argued in the aspect of termination objects in contract. Based on the analysis of contract consensual categorization, this paper makes the contractual termination objects determined and further reflects the legislative system defect of termination of contract, which is of great importance in modifying and perfecting our "Contract Law".