On Exercising the Right of Contract Rescission
Abstract
Exercising recission right of contract is a important content of Contract Law in china, but for lack of the related standard of the recission right, or illegitimate design of the law itself and so on, the effect of application of law is not very well, and create many inconveniences to exercise the recission right, in legal practice. Therefore, it is necessary to study exercising the recission right. Base on the previous research results, this paper, will focus on exercising the recission right and make a study form the concept ,the system, and the practice etc, with the close combination of the standard of exercising the recission right in our Contract Law ,and mainly learning from the legislative experience of the Civil Law system. And that is in order to discover the operation mechanism of exercising the recission right system, and put forward the theoretical support to perfect the legislation and correct application of exercising the recission right .Thus this paper will firstly describe the basic concept of exercising the recission right——the law recission and the recission right; then introduce the occurrence reason of the recission right detailedly, and the procedure and effect of exercising the recission right, and so on; finally ,this paper puts more emphases on the improvement of exercising the recission right system.
Keywords:Recission Right of Contract; Rrising Reasons; Exercise Effect; Exercise Procedures; Improvement