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Text / Court grams group of lawyers in the contract process.Due to the emergence of an agreement to lift the statutory conditions or conditions for the lifting of the achievements,advocate canceling result in litigation or arbitration,These proceedings are centering on whether the parties have the right to rescind the contract and whether it is appropriate to exercise the right to rescind start.Trial Practice around different approaches, and some accepted, some not be accepted, leading to the reunification of the applicable law.Therefore, the exercise of the right to rescind the contract from the main paper, the type and procedures for termination of a contract.Contract several aspects of judicial relief, expanded to the right to exercise a contractual right to rescind the contract.to safeguard the legitimate rights and interests of parties to the contract.A contractual right to rescind the contract as a principal legal systems,Contract rights and obligations of the parties early termination of the contract between the case.Right from the client's point of view, effectively rescinding the contract is set up,When the lift when conditions are ripe, meaning one or both parties,contractual relationship or just beginning to make future destruction.Courts and arbitration bodies have the right to rescind the contract from the point of view, the lifting of the contract is the contract effective 1982,have fulfilled before, a result of major changes, making it difficult to continue to perform the contract, according to a party's request.Magistrate organs to eliminate the phenomenon of canceling it.Canceling their own parties, the parties need to express the meaning of the elements; Dismissal on the court or arbitration.be based on the request of the parties concerned.So, from any point of view, the exercise of the right to rescind the contract is the main parties to the contract.Second, the elements of the Contract with the following four elements : general Contract(1) dissolving the contract must be legally valid contract.Only in the legal establishment and commencement of the contract only after there is the issue of whether or not to lift.Void the contract, the contract can be revoked termination of a contract does not exist.(B) Contract must comply with the provisions of the law.Once the contract is in force, that is legally binding, not in accordance with the law, shall not be subject to arbitrary canceling.China's current laws and regulations are mainly lifting of the contract agreement yet, and agreed to disarmament and the lifting of three statutory forms.(3) termination of a contract must be lifted acts.In addition to lifting agreement of the parties, or when the agreement to lift the statutory conditions for lifting achievement, the contract does not automatically lifted.No matter which party is entitled to the rights of dismissal, advocated canceling the party.to the other side of canceling mean that the law would have the effect of canceling.(4) Contract rights and obligations of both parties beginning to eliminate or destroy the future.Third, the type of contract to lift the "Contract Law," the first paragraph of Article 93 states : "The parties consensus.be canceling. "Under the present conditions, both parties after consultations,, said the agreement could lead to the dissolution of meaning, such as relief from the lifting of the agreement.The second paragraph of the article states : "The parties can agree on the conditions for canceling the party. Canceling the conditions achievements,Right to Rescind people canceling. "Accordingly, the parties can exercise the right to rescind the contract agreed by the parties,achievements unilaterally canceling the conditions, the right to rescind this agreement as an agreement to lift the case."Contract Law," the 94th of the circumstances in which parties are entitled to statutory right of cancellation, through the exercise of the right to rescind,could lead to termination of a contract.Therefore, the dissolution of the agreement can be broadly classified into three types : the lifting, agreed to lift the statutory lifted.Lifting of the two sides said the agreement meant, and the other two cases is a unilateral lifting of dismissal, the relatively complex.Each of the following topics : (a) the right to rescind the agreement is a contractual agreement to lift such prior agreement,in the future it will happen when one or both parties have the right to rescind.Usually happen with the right to rescind the right to rescind the agreement circumstances, conditions or exercise and the exercise of the right to rescind the validity period.When the right to rescind the agreement with the exercise of reason, the consequences of termination of a contract does not arise.Right to Rescind be issued in the period for canceling each other within the meaning said.Due to the unilateral lifting of the behavior, not the other's consent.Under normal circumstances, canceling both in the litigation, also put in the proceedings.But if a special method of exercising the right to rescind a contract agreement, according to an agreement.(B) The lifting of the establishment of a statutory right to rescind the contract is not completed prior to the performance of, or failure to perform.party to exercise the right to rescind the contract had legal effect destruction.Under normal circumstances, in fact default party, the victim should be given the right of dismissal.But this does not mean that, if the violation resulted in the lifting contracts.On one hand, in many cases, the contract is not favorable to lift Shouyuefang, Shouyuefang unwilling to canceling it, sobreach of the law not to make any circumstances to lift restrictions Shouyuefang not conducive to the protection of their interests.The other hand, in case of any breach of contract will lead to the lifting, neither suits the purpose of the transaction.is not conducive to effective use of resources.Therefore, the law provides a model release, Boiled down to its essence, is in breach of contract under the restrictions are lifted.A correct understanding of this point, the key is to understand the statutory requirement lifted.Five legal right of cancellation under the following circumstances : 1, achieved the purpose of the contract due to force majeure.Force majeure means it is foreseeable that is not possible, the objective can not be overcome,When these objective phenomenon caused when the frustration of the purpose of the contract, either party is entitled to the right to rescind the contract.2, is not expected to fulfill the main debt default.Refers to the contract expired, the party justify it clear that it will not perform its contractual obligations.or one of the parties to fulfill their contractual obligations will not act shows.3, the delay in fulfilling the main debt, in a reasonable period of time after the Urgency has yet to fulfill.When the party to delay its main debt, the debtor should be given to the other party a reasonable period of relief.If the relief period, the debtor has yet to fulfill its main debt,Here circumstances have given creditors the right of dismissal.4, a fundamental breach of contract objectives achieved.Perform include delay is not entirely fulfilled, and the place of performance, and the methods are not in keeping with the agreement,This will seriously affect the economic interests of the conclusion of the contract expectations.Examined by the debtor a fundamental breach of the circumstances, the parties entered into the contract has been unable to attain the desired economic benefits.Urgency creditors continue to fulfill the debtor has no practical meaning, creditors may directly by the Urgency of dismissal.5, the law requires the lifting of other circumstances.Fourth, the statutory procedures for the exercise of the right to rescind the contract agreed to lift or statutory lifting of the conditions mentioned above achievements,contract does not lifted immediately.Parties to the contract in accordance with the statutory procedures still need to exercise the right to rescind the contract.Article 96 of China's "Contract Law" on the parties to exercise the right to rescind the contract explicitly provides for the procedure.When the agreement to lift the statutory conditions for lifting or achievements advocated canceling the party, it shall notify the other party.No consultation with each other, not on each other, as long as the notice arrived at the other side, the consequences of dissolution of contract occurred,the rights and obligations of the contract termination.The right to rescind the contract is formed, the parties concerned can exercise the right to rescind the agreement periodexpiration of the parties for failure to exercise the right to rescind the eradication of such parties have agreed on certain circumstances.in the exercise of the right to rescind within 30 days.On the subject of the agreement emerged after 30 days, the parties can no longer request canceling, we must continue to do so.No agreement or the parties have no legal right to rescind the exercise period.The parties affected by the force majeure, or non-defaulting party for the parties clearly need to continue to fulfill their obligations.Urgency can exercise the right to rescind the other party.Urgency to enjoy the right to rescind the parties a reasonable period of time after the lifting of the non-exercise of the right to destroy.the continued existence of a contractual relationship, the parties still fulfill their obligations according to the contract.Fifth, the legal relief exercise the right to rescind the contract in accordance with the law stipulates that the parties to notify each other of canceling.Since notice arrived at the other side, the contract shall be lifted.To limit the abuse of the right to rescind the right to rescind, in order to avoid unnecessary losses caused to innocent parties.the law also stipulates that the relief measures.According to Article 96 of the "Contract Law" stipulates that the parties were able to cancel the objections of the right to rescind,may ask the people's court or arbitration body confirmed the effectiveness of dismissal.This brought confirmation v. called on the Civil Procedure Law.This is not abuse of rights principle of contract law in the specific application.The parties object to be broadly three aspects : First, the conditions agreed to lift or not to lift the statutory achievements;Second, although conditions have lifted achievement, but just canceling; Third, the process of canceling the law.The people's court or arbitration hearing in the case confirmed the effectiveness of dismissal.have tried to focus on these three aspects, agreed to see whether the conditions for lifting or lifting was already legal;canceling the need be, can continue to fulfill the contract completely objective achieved;the right to rescind the exercise of the right to rescind the legality of the procedure.If these three areas simultaneously, then the right to rescind the course ought to effectively canceling the people,Since a notice of contract after arriving at the other side lifted; If that does not also have three.Then people canceling the right to rescind the course ought to be null and void and to have created the legal consequences of canceling the contract remain in force.Legal relief for the exercise of the right to rescind the contract after the exercise of the right to rescind the right of the other party to provide a legal basis.
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