Abstract

Contract rescission is an important civil law remedy that protects the legitimate rights and interests of the aggrieved party when continued contractual performance no longer fulfils the purpose for which the contract was concluded. The 2015 Civil Code of Vietnam recognizes several grounds for contract rescission, including serious breaches of contractual obligations. However, the existing legal framework still presents limitations concerning rescission for anticipatory breach, the formal requirements for rescission notices in electronic environments, and the scope of total or partial rescission. Through an analysis of current legal provisions, this article identifies these shortcomings and proposes solutions to improve the rules governing the conditions for contract rescission, thereby enhancing consistency, transparency, and effectiveness in legal application.

Keywords: Anticipatory breach, civil law, contract rescission, partial contract rescission, serious breach.