论文部分内容阅读
一、问题的引出合同解除权是合同当事人依照合同约定或法律规定享有的解除合同的权力,它的行使将直接导致合同权利义务的消灭。为了平衡解除权人与异议人之间的利益关系,合同法赋予被解除人提出异议的权力。(一)相关法律规定《合同法》第九十六条规定:“当事人一方依照本法第九十三条第二款、第九十四条的规定主张解除合同的,应当通知对方。合同自通知到达对方时解除。对方有异议的,可以请求人民法院或者仲裁
First, the problem leads to the right to rescind the contract is the parties to the contract in accordance with the contract or law to enjoy the power to terminate the contract, its exercise will directly lead to the elimination of the contract rights and obligations. In order to balance the interests of the dismistee and the dissent, the contract law gives the dismissed power to challenge. (1) Relevant laws and regulations Article 96 of the Contract Law stipulates that: ”Where one of the parties asserts that the contract is to be rescinded in accordance with the provisions of Article 93, paragraph 2, and Article 94 of this Law, the other party shall notify the other party. Since the notice arrived at each other when the lifting of the other objections, you can request the people’s court or arbitration