Translated Title
On The Lawful Rescission of Contract and Restitution
Translated Abstract
The purpose of the lawful rescission of contract is to restore the client’ s interest to the lawful state before the contract is concluded.The restitution includes returning the original objects and value compensation accordingly.It has an independent claim.The Contract Law of China only has the principle norm about the restitution claim after dissolving the contract, however it does not prescribe the obligation about not returning it.The original Civil Code of Germany ordered to delete rescinder when the objects can’ t be returned.The new German law of obligation has realized the limitation of the original one, which takes the value compensation scheme instead of the original regulation.We should borrow from it carefully when our lawful rescission of Contract is improved.
Access Number
WF:perioarticalllj201503011
