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合同解除制度中存在着若干法律问题,在通知解除合同的程序里,合同解除的效力应视为自始无效,因此给对方当事人造成的损失,通知方应当承担相应的责任;合同解除的时间要素上,《合同法》应该规定一个确定的、统一的除斥期间。应该将协议解除排除在合同解除制度之外,采用合同订立的制度对其加以规定;合同解除可以与损害赔偿并存,并且其赔偿范围是对无过失方信赖利益的赔偿。
There are several legal issues in the contract cancellation system. In the procedure of notifying the termination of the contract, the validity of the contract cancellation should be regarded as invalid from the beginning. Therefore, the party responsible for the loss should notify the party concerned of the losses caused by the contract. The time element of contract cancellation On the “contract law” should provide for a definitive, unified period of exclusion. The agreement should be lifted out of the contract to lift the system, the use of the system of contract formation to be provided for; termination of the contract can coexist with the damages, and their compensation is relying on the benefits of non-negligent compensation.