合同约定解除权行使浅析

Simple Analysis of Execution of the Right of Dissolution Undercontract

当事人可以约定解除合同的条件,解除合同的条件成就时,解除权人可以解除合同。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机构确认解除合同的效力。解除权人行使了合同约定解除权后,双方的合同关系终止,合同尚未履行的终止履行;已经履行的,根据履行情况和合同性质,当事人可以要求恢复原状,采取其他补救措施,并有权要求赔偿损失。

The parties can agree terms of dissolution contract. When the terms come into being, the party can realize dissolution. The party who wants to do it first should inform the other party,and the contract will be dissolved when the other party get it. If the other party has different opinion, he can request the people's court or arbitral agency to confirm its effect. After the execution of the right, the relationship between both sides of contract comes to an end. The contract which has not been performed should stop performing; having performed, the party can request to restore the original contract according to the feature and performance, or take some other ways to resume, and has right to ask for compensation for loss.