合同解除效力形态的价值选择研究

On Value Selecting of Validity of Rescinded Contract

决定合同解除使合同发生何种效力形态的权利首先应是合同当事人的,其次是裁判者的。这种权 利的行使要受到如下各种因素的限制:合同的性质,履行状况,第三人的交易安全,主管部门的意见,法律规定,合 同解除的规范目的,公平、效率和交易成本等。

Whether is the original status to be restored after a contract is rescinded? This question is also that of judging by valuation in law. The question involves who have right to decide whether to restore the original status and what should be taken into account when decision is made. The writer thinks: at first, the right to decide whether to restore the original status belongs to parties of contract, then it belongs to judge or arbitrator, however, when decided, they should be bound by following actors: the ...