The Nature of the Right to Restore the Original State after the Contract Becomes Invalid
As specific ways of restitution,the nature of returning property and compensation for discounted price has many disputes in theory.There are some defects that cannot be explained no matter whether the claim for returning property adopts the theory of claim for returning the original object,the theory of unjust enrichment or the theory of concurrence of claims.The system of returning property after the invalidation of contract is inconsistent with the value pursuit of the Property Law and the Unjust Enrichment Law.As a sup-plementary form of returning property,compensation for discounted price is also the case.Both the claim for returning property and the claim for compensation for discounted price are independent claims and belong to quasi-contractual claims.
invalid contractreturn of propertycompensation for discounted priceclaim right
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