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合同的法定解除制度是世界各国合同法律制度的重要组成部分,在合同法中占据重要地位。我国的合同法也以专门的条文对合同法定解除加以规定,但在立法设计上仍有不尽人意的地方,如法定解除条件问题,法定解除的溯及力问题等。本文通过比较分析法,剖析我国合同法定解除的缺陷,并提出完善合同法定解除制度的意见,以求合同法定解除制度能够发挥其应有的效用。
The statutory system of contracts is an important part of the legal system of contracts in various countries in the world and occupies an important position in the contract law. In our country, the contract law also stipulates the statutory dissolution of the contract by special provisions. However, there are still unsatisfactory places in the legislative design, such as the statutory dissolution condition and the retrospective issue of statutory dissolution. This article analyzes the defects of our country’s statutory dismissal by comparative analysis, and puts forward the suggestion of perfecting the legal dismissal of the contract so that the legal dismissal of the contract can exert its due effect.