On Exercise Of Contract Rescission Right

The exercise of the right to rescind a contract is an important part of the contract rescission system.After the parties have reached an agreement on the content of the contract and formally concluded the contract,if there is an agreed or statutory rescission situation at the performance stage of the contract,in accordance with the law,the parties to the contract can help them "break free" from the constraints of the contract by exercising the right of rescission of the contract and stop the loss in time.In view of this,the parties to the transaction can willingly accept the binding of the contract.The first part is the introduction of the article,which specifically introduces the research purpose and significance of this paper,sorts out the current research status of the exercise of the right of contract rescission at home and abroad,and the main research methods and innovations used in this article.The second part is the general issue of the exercise of the right of rescission of the contract,first of all,the meaning of the exercise of the right of rescission of the contract is explained,and the type of exercise of the right of rescission is listed,the basis for the right of rescission is mainly the agreement of the parties and the law,according to which the exercise of the right of rescission of the contract is divided into the exercise of the right of rescission by agreement and the exercise of the statutory right of rescission,and finally introduces the legal basis for the exercise of the right of rescission of the contract,and the principle of autonomy is used as the legal basis for the exercise of the right of rescission of the contract.Its exercise shall be subject to the principles of good faith and the principle of green.The third part of the exercise of the right of contract rescission requirements and effects elaborates,the exercise requirements of the right of contract rescission mainly include the exercise subject,exercise conditions,exercise methods,exercise period,etc.,this part of the relevant legal provisions for the exercise of the right of contract rescission,the current status of law application,answer how to determine the subject of the exercise of the right of contract rescission in various circumstances,what are the conditions for the exercise of the right of rescission of the contract,and classify the exercise of the right of rescission of the contract,mainly including notice rescission and judicial rescission.The existence of the time limit for the exercise of the right of rescission of the contract is explained,and finally the legal effect of the exercise of the right of rescission of the contract is elaborated.The fourth part discusses the shortcomings of China’s contract rescission right exercise system,starting from both substantive and procedural aspects,and finds that the exercise of China’s contract rescission right has deficiencies such as non-specific exercise conditions,unclear legal effects,etc.,and there are deficiencies in the procedure such as unclear form of notification and uncertain exercise period.The fifth part puts forward corresponding suggestions for improving the deficiencies of China’s contract rescission right exercise system,making up for the deficiencies in the substantive aspects of China’s contract rescission right exercise system by refining the conditions for the exercise of contract rescission rights,clarifying the contract retrospectiveness,and improving the procedural deficiencies by clarifying the form of notification and determining the exercise period.Among them,this article puts forward its own view on how to refine the conditions for exercising the right of rescission of the contract,that is,the "expected loss of interest" of the non-breaching party can also be used as a concrete standard for "the purpose of the contract cannot be achieved".As for how to clarify the retroactivity of a contract,this paper proposes to draw on the German "liquidation relationship theory" to distinguish between contract rescission and contract termination,and the exercise of the right of rescission of the contract will not lead to the termination and extinction of the contractual relationship,but switch the relationship between the parties to the contract to a liquidation relationship above the previous contractual.