Research On Legal Issues Of The Right To Terminate The Contract Of Installment Purchase

Along with the installment buying and selling mode applies the scope more and more widely,some malpractices on the system also unceasingly manifests,is affecting the market transaction stable development.China’s civil Code,article 634,is the only law that directly regulates the termination of the contract of sale by installment,which to a large extent embodies the legislative purpose of protecting the buyer.However,the interpretation of article 634 and its application in practice are different from the legislative purpose.And article 634 is only applicable to the consumption contract.In this regard,there are many disputes about the scope of application of installment purchase contract in theoretical and judicial practice circles.By studying the guiding case No.67 of the Supreme People’s Court,this paper analyzes the nature of the rescission right of the installment purchase contract,the purpose of the law itself and the existing problems,and puts forward some suggestions on how to better improve the rescission system of the installment purchase contract.This paper is divided into five chapters.The first chapter starts with the current situation of the right to terminate the contract of sale by installment in China,and points out the problems existing in the right to terminate the contract of sale by installment by analyzing the guiding case No.67 issued by the Supreme People’s Court.The second chapter carries on the theoretical analysis,from the "Civil code" contract 634 legislative purpose,normative nature and the application of the legal right to rescind several aspects of the argument,and combined with the practical application of the specific discussion.The third chapter discusses the scope of application of the contract of sale and purchase by installment and makes clear whether it is limited to the contract of consumption.The guiding case No.67 holds that the right to terminate the equity installment sales contract does not apply to Article 634,which is analyzed and illustrated by combining the views of some scholars and practical cases.The fourth chapter mainly limits the right to rescind the contract of purchase and sale by installment,and expounds separately from the subject,procedure,time limit and effect.The fifth chapter is aimed at some of the above mentioned problems,put forward some suggestions to improve the installment contract termination system.