关键词: 合同解除; “原权/救济权”之二分法; 恢复原状义务; 价值偿还责任

Abstract: The second half of Article 566(1) in Civil Code respectively provides for the right of claim with the contents of “restitution”， “taking other remedial measures” and “compensation for losses”. The claim right with the content of “restitution” (as a primary right) is a unique right born out of the winding-up relationship after termination of contract， while the claim right with the content of “taking other remedial measures” and the claim right with the content of “compensation for losses” are remedy rights of the claim right with the content of “restitution”. Based on the norm of “restitution”， the obligor in the winding-up relationship after termination of contract has the obligation to return benefits received by performance. Based on the norm of “taking other remedial measures”， the obligor in the winding-up relationship after termination of contract should bear different forms of liability of specific performance in a broad sense according to different circumstances where the obligation of restitution was violated. Based on the norm of “compensation for losses”， the obligor in the winding-up relationship after termination of contract should bear the liability to pay the value of benefit， which is premised on the fact that it is impossible for the obligor to perform the obligation of restitution.

Key words: termination of contract; dichotomy of “primary right/remedy right”; obligation of restitution; liability to pay the value of benefit