VI. Application of the law for conditions of rescission of contrastIn this part, the author mainly makes a concrete analysis and discussion on the three forms of rescission of contract, rescission through agreement, contractual rescission and legal rescission.
The system of rescission of the contract is very important in Contract Law. When the contract cannot be normally fulfilled so that it cannot be realized , the rescission of a contract is frequently an effective method of making the litigants break away from the difficult position, and defend their legitimate rights and interests.
When we determine the form of liabilities for breach of contract, besides current laws and understandings, we also have to abide by the principles of voluntariness, preference of contract parties' agreement and supplement of lawful regulations, and add penal clause of breach of contract damages , rescission of a contract with the breach of contract into the form of liabilities for breach of contract to enrich the system of liabilities for breach of contract.
On the occasion of the enactment of civil code, taking the regression of private right-standard as a clue, this dissertation illustrates relevant issues on the dissolution of contract with the hope to make contributions to the theory of the lawmaking of the civil code.
But as a result of "an incomplete theoretical agreement", with new phenomena and new problems emerging one after another, in the surge of the reforms and innovations, the Uniform Contract Law which is tied to the tag of society-standard by some scholars is not appropriate for the need of society in some aspects. Reflecting on the dissolution of contract, as a matter of fact, the legislative intention has not been achieved completely.