In judicial practice,there are different cases in terms of whether it is necessary to reach an agree-ment on the consequences of rescission by consensual termination,whether the offeree can constitute an accep-tance of consensual termination by means of conduct,and whether the invalid exercise of the right of rescis-sion by both parties can be transformed into consensual termination.After distinguishing between the necessary clauses and the main clauses of consensual termination,the parties must reach an agreement on the rights and obligations of the termination contract before the rescission effect can occur,and the main but not essential clauses such as the consequences of rescission can be filled by law.However,if the offer includes a consequence of rescission,the change of the consequence of rescission by the offeree constitutes a material change.According to the general rule of"offer-acceptance",whether the offeree's act constitutes an accep-tance should be judged according to whether the act can give the offeror a trust interest.Based on autonomy of will,the court should not convert the invalid exercise of the right of rescission by both parties into consensual rescission.
关键词
合意解除/协商一致/信赖利益/解除后果/实质性变更
Key words
rescission by consensual consent/consensus/trust interests/consequences of release/material changes
万方数据