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第三,解除权的行使与消灭。Exertion of the right of rescission is necessary to rescind a contract.
合同解除制度是合同制度的重要内容。The regime of contract rescission is an important content in contract system.
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合同解除制度是现代合同法中的一项重要制度。The system of rescission of contracts is an important system in modern contract law.
第一部分对合同解除权的一般理论加以介绍和分析。Part one introduces and analyzes the general theory of the rescission right of contract.
合同解除制度是现代合同法中的一项重要制度。The institution of rescission of contracts is an important institution in modern contract law.
但如卖家已解除资产预备协议,该解除行为将不能生效。However, the rescission right is not effective if the Seller has rescinded the Preliminary Agreement for the Property.
合同的变更、解除或者终止,不影响当事人要求赔偿损失的权利。The modification, rescission or termination of a contract shall NOT affect the rights of the parties to claim damages.
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合同的变更、解除或终止,不影响当事人要求赔偿损失的权利。The contract of the modification, rescission or termination shall not affect the rights of the parties to claim damages.
第三部分表述了对中国现行合同的解除权制度的立法改进建议。Part three introduced the author's suggestions to the legislative improvement of the current rescission contract system in China.
变更或者解除集体合同适用本条例规定的集体协商程序。The collective bargaining procedures specified herein are applicable to the alteration and rescission of the collective contract.
持有前项废止之邮票者,自废止之日起六个月内,得向中华邮政公司换取新票。Holders of the voided postage stamps may exchange them for valid new issues at Chunghwa Post within six months after the rescission.
法定解除权的权利人不仅在标的物危险的“回跳”方面受到优遇,而且在与自己事务同一之注意方面亦受到优遇。The beneficiary from statutory right to claim rescission is privileged not only in back -jumping of risks but also in diligentia quam in suis.
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然后对合同解除权是否构成之判定要素做了分析,具体可概括为三项,即主体要素、客体要素和时间要素。Secondly, this part analyzes the determinant factors for the formation of the rescission right of contract, namely the object, subject and time.
如果只是与合同规定有微小的不一致,特别是微小的瑕疵,买方无权废除协议。In the case of only minor non-conformity with the contract, in particular in regard to minor defects, the Buyer shall have no right of rescission.
作为现代合同法律制度不可或缺的有机组成部分,合同解除制度在理论与司法实践中的意义十分重要。As the indispensable composition of the modern system of contract, the system of contract rescission is very important to judicial and theory practice.
撤销权的行使必须符合法定的成立要件。撤销权的行使对债权人、债务人、第三人都产生法律规定的效力。The exercise of the right of rescission is to accord with legal essentials of establishment a nd its exercise takes legal effect on the creditor, debtor and the third party.
第三章讨论了保险合同解除的形式,本文认为保险合同解除的形式包括法定解除和约定解除,但不包括协议解除和附解除条件。According to the clauses, forms of contract rescission are theoretically divided into arranged rescission and legal rescission, and analyzed and defined in clausal sequences.
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劳动争议大多体现在雇佣关系的解除中,如何解除劳动关系将是劳资双方面临的问题。Labor disputes mostly embody the rescission of employer-employee relationship. How to dissolve the labor relation is the problem that the labor and the capital both have to face.
HTC有权根据这些协议的授权行事,直至该公司收到信托的受托人做出的书面废除或修改通知。That HTC is authorized to act upon the authority of these agreements until receipt by said firm of a written rescission or modification thereof executed by the Trustee of said Trust.
第四,分析了先买受人撤销权的要件,得出本案先买受人不得行使撤销权的结论。The fourth, analyze the conditions of the first vendee's right of rescission, then come to the conclusion that in this case the first vendee should not exert the right of rescission.