On June 13, 2020, the second lecture of Civil Code Forum of Wuhan University, hosted by Wuhan University School of Law, was held.

Liu Kaixiang, a professor at Peking University Law School, a doctoral tutor, vice president of the Institute of Business Law of China Law Society and executive director of the Institute of Civil Law of China Law Society, gave the lecture on the theme of “Understanding and Application of Contract Interpretation System in the Civil Code”. The lecture was moderated by Prof. Feng Guo, Dean of Wuhan University School of Law.

Dean Feng first extended a warm welcome to Prof. Liu’s arrival and expressed thanks on behalf of Wuhan University School of Law for the support of the experts and public. Then Dean Feng introduced Prof. Liu’s academic achievements and his contribution to the codification of the Civil Code.

At the beginning of the lecture, Prof. Liu first expressed his gratitude for the invitation of Wuhan University School of Law, and gave a comprehensive account from the changes and new rules of the civil code contract rescission system.

Subsequently, Prof. Liu divided the contract rescission rules into the following four categories: First, the general rules of the Contract Law on rescission of contracts, including articles 93, 94, 95, 96 and 97 of the Contract Law. Second, the special rescission rules of typical contracts. Third, the Supreme People’s Court on the judicial interpretation of contract law and other normative documents. Fourth, other civil and commercial laws and regulations related to the rescission rules of contracts, including the Maritime Law, the Insurance Law and so on.

Prof. Liu pointed out that the main contents and rules of the contract rescission system mainly include the following six items: First, the type of rescission. Second, the circumstances of statutory discharge. Third, the way to exercise the right of rescission. Fourth, the period of excluding the right of rescission. Fifth, the way and period of exercising the right of objection. Sixth, the legal effect of rescission. Besides, Prof. Liu also summed up ten new rules of the civil code contract rescission system.

Finally, Prof. Liu commented on the above-mentioned key issues. First, the effect of rescission. Prof. Liu considered that it should be carried out in accordance with article 47 of Summary of the 9th National Conference on Civil and commercial trials. Second, the understanding and application of statutory discharge. Prof. Liu explained the impact of force majeure on the rescission of the contract, and analyzed the problem of contract rescission during the epidemic. Third, the arbitrary right of rescission of irregular contracts. Prof. Liu pointed out the rule of “reasonable period of time”. Fourth, for the way to exercise the right of rescission. Prof. Liu Kaixiang believes that dissent is not a right, but a procedure. Fifthly, the ex-repudiation period for the exercise of the right of rescission. Prof. Liu believes that Article 564 actually provides for four situations, including “when the law is required”, “the parties agree”, and “when the law does not provide” or “the parties do not agree”. Sixth, the other party's right of objection to the right of rescission and the way to exercise it and the period of exclusion. Prof. Liu thinks there are still doubts. Seventh, the legal effect of rescission. Prof. Liu pointed out that Article 566, paragraph 1 lies in the determination of retrospective force. Eighth, the contract deadlock and the defaulting party to release the right. Prof. Liu pointed out that the defaulting party’s right to relieve can only be used through public power.

Dean Feng gave a summary of this lecture, and expressed that how to accurately understand and apply the Civil Code is a fundamental issue related to the vitality of the civil code.

Dean Feng once again thanked Prof. Liu’s arrival and the support of Law Branch of Beijing Alumni Association, Wuhan University. The lecture was concluded with warm applause from all the teachers and students.

The Civil Code is the grand code of running the country well and giving the people peace and security. Wuhan University School of Law is committed to publicizing the popularization of the Civil Code, and promoting the implementation of the great strategy of comprehensive rule of law in depth.

Edited by Yuan Yuhang & Wu Liuqing