rescinding a contract 解除劳动合同
The system of rescinding contract, as one remedy in contract law, occupies an important position in contract law. There is no consensus as to rescinding contract.
合同解除制度作为合同救济制度的一种,在合同法中占有重要地位,而对此问题学界尚未形成定论。
The commonness of this two kinds of contracts, annihilating the effect of the contracts forward, is not enough to set up the system of "broad sense" rescinding contract.
而其能向将来发生消灭合同效力的共性,不足以共建一项“大”合同解除制度。
The procedure of the contract rescinding only consists in agreement rescinding, legal rescinding, consultation rescinding etc. There is no procedure without rescinding behavior.
合同解除的程序只存在于协议解除、法定解除、约定解除等有解除行为的解除中,无解除行为的当然解除不存在解除程序问题。
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