论合同解除权的行使

合同解除权产生的情形因约定和法定解除权的不同而不同。合同解除权的行使只需由解除权人单方通知对方即可,无须征得对方同意,也无须通过人民法院或仲裁机构。合同立法既赋予合同一方的解除权,又赋予合同另一方的异议权。合同解除权行使的法律后果是合同解除,但合同解除对合同双方还会引发很多的问题。

On Exercise of the Right to cancel a Contrac

The right to cancel a contract obtained by agreement differs from that by provisions of law. A contract may be terminated on notice given by the party who enjoys the right to cancel, without consent of the other party or the decision of a people’s court or an arbitral agency. The contract law confers one party the right to cancel the contract, while giving the other party the right to objection. The exercise of this right results in a legal consequence of dissolution of a contract, though many problems may occur to both of the parties.