Study On The Right Of Rescission Of The Equity Transfer Contract Of Installment Payment

The installment payment contract is an important part of China's "Contract Law." In the judicial practice,the number of disputes over equity transfer contract disputes has been increasing.The parties have requested the transferee to pay the full price or cancel the contract in accordance with the provisions of Article 167 of the Contract Law.However,with the appearance of cases such as the No.67 Guiding Case of the Supreme People's Court,the court judges limited the scope of application of Article 167 of the Contract Law to consumer contracts.More and more scholars advocate that the equity transfer contract does not refer to the applicable provisions.Therefore,it is necessary to study the right to terminate the installment equity transfer contract.The first part of this paper raises questions.From the guidance case No.67 published by the Supreme People's Court,there is room for discussion on whether the installment equity transfer contract has the right to terminate the contract as stipulated in Article 167 of the Contract Law.??The second part analyzes and discusses whether the disbursement of the equity transfer contract of the installment payment is based on the jurisprudence of Article 167 of the Contract Law,and analyzes and discusses the jurisprudence of affirmative and negative attitudes in practice,further explaining the discussion value of the issue..??The third part expounds the theoretical controversy on the right to cancel the contract of equity transfer in installment.From the scope of application of installment purchases,to the analysis of the value position behind the law,and to the discussion of the relationship between Article 167 of the Contract Law and Article 94 of the same law.The academic circles have made in-depth research on the right to cancel the payment of the equity transfer contract,but there are still many doubts.?The fourth part is to analyze the evidence that the equity transfer contract is not suitable for the right to cancel the installment payment.After re-arranging the theory of the “Applicable installment purchases and purchases generally applicable to the consumer sector” as determined in the No.67 guidance case,starting from the particularity of the equity transfer contract,it is argued that it is not appropriate to apply the installment payment right.The fifth part proposes the explanation path for the exercise of the right to cancel the installment of the equity transfer contract.In the case where the provisions of Article 167 of the Contract Law are not applicable,the general right to reinstate the general provisions of the Contract Law shall be measured in terms of the specific case.