On The Unilateral Right To Rescind A Contract

The right of unilateral termination is the right of formation,and it is a unilateral legal act.The system design of the right of rescission involves "half of the country" of the civil law.The study of the system of the unilateral rescission right can be said to examine the main systems of the contract law and even the civil law.The first part is the introduction,which mainly introduces the purpose and significance of the study of unilateral termination rights,the current research status at home and abroad,the research methods and innovations of this article.The second part is the general issue of the unilateral right of termination.First,it involves the definition of the unilateral right of termination and provides the most basic interpretation of the unilateral right of termination.Secondly,it introduces the guiding significance and influence of the principle of autonomy of private law and the principle of good faith on the specific system of the right to rescind.Once again,the function of the right of cancellation is introduced.Finally,it discusses the types of contracts to which the right of rescission applies.It points out that the right of rescission is generally applicable to two-party contracts.In the two-party contract,it focuses on the rationality of applying the right of rescission to contracts involving other parties.In addition,it also analyzes the reasons why the single contract also applies the right of termination system.Among them,based on the analysis of the ineffective contract,this article puts forward its own point of view,that is,the "contract to be unlocked" summarizes and compares its situation.The third part introduces the reasons for the unilateral rescission right.In general,this article discusses the objective factors,namely the rescission right arising from objective reasons,based on the difference between objective factors and subjective factors.The right of rescission arising from the autonomy of the parties and the right of rescission arising from the subjective breach of contract by the parties.In addition,the unilateral right of rescission arising from the continuation of the contract is discussed.The fourth part is about the rules for the exercise of unilateral dissolution rights.First,it analyzes the subject matter according to the classification of agreed dissolution rights,statutory dissolution rights and arbitrary dissolution rights.The three modes of notification cancellation and automatic cancellation indicate that our country is a notification cancellation mode.Third,when analyzing the form of dissolution,the oral form,announcement form,and written form are introduced,and it is pointed out that in order to better preserve evidence,written form is an ideal choice,but the law does not mandate this.Finally,it also introduces the effect of unilateral dissolution right exercise,which mainly analyzes two important theories,direct effect theory and eclectic theory,and shows that they recognize the eclectic theory more and give their own reasons.The fifth part analyzes the three issues of whether the unilateral right of termination fits the ineffective contract,the right of dissent to the termination,and the breaching party’s litigation termination.First of all,after analyzing the validity form of an ineffective contract,it should be considered that an ineffective contract also applies to the right of cancellation.Secondly,it is proposed that the understanding of the right to object in the substantive law should be simple and simple,just choose "ignore".Finally,in the issue of the dissolution of the lawsuit by the breaching party,it is proposed that the system may introduce a "re-negotiation obligation" to better reflect the concept of private law autonomy.