Theoretical Analysis and Application Optimization of the Breaching Party's Right of Rescission

Although the existence of breaching party's right rescission is indirectly recognized in practice judicial adjudication, there has always been a great controversy among scholars as to whether party and how it should exercise rescission. The theoretical basis mainly derived from theory efficiency breach economics, but its legal applicability still questionable. Article 580 Civil Code formal response rescission, does not explicitly stipulate that legitimacy needs be explored, interpreting apply for termination contract or best way solve deadlock, also maintaining unity civil law system.