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On the violation of peremptory norms of validity of the contract

Author: ZhangChuanQi
Tutor: HuangHeXin
School: Nanjing Normal University
Course: Civil and Commercial Law
Keywords: Peremptory norms Interest Measurement Validity of the contract
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 180
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Abstract

Freedom and Coercion is the basic category of Legal Studies, in violation of mandatory legal norms of the contract validity issue reflects the tension between freedom and force, related to the integration within the law. How to identify the peremptory norms influence the effectiveness of the contract must be a judicial problems faced with mandatory national boundaries of freedom of contract needs careful treatment. Violations of peremptory norms of justice on the validity of contracts identified some difficulties and confusion, the effectiveness norms for what is proper to be difficult to identify, on the validity of the contract as deemed applicable legal norms, there are also problems. This paper argues that the peremptory norms of civil law (narrowly) a breach of contract is invalid generally does not produce consequences in civil law there is no need to distinguish between external peremptory norms (narrowly) and prohibition of sexual norms. Furthermore Article 52 of the Contract Law in the fifth peremptory norms of peremptory norms, including private law and public law peremptory norms. Peremptory norms for relations with the validity of the contract, the paper relevant foreign country violates peremptory norms of inspection based on the proposed contract for breach of a peremptory norm of effectiveness identify ways you can make effective norms and norms banning certain types of processed to guide practice; peremptory norms of validity of the contract specification aims to identify the fundamental way; peremptory norms norms interests and the interests of the interests of the parties of the contract to measure the effectiveness of a contract when considered necessary considerations; should recognize the peremptory norms of public law impact on the validity of contracts is limited, peremptory norms of social order is not the only builders. In addition, violations of peremptory norms from the specific circumstances of the contract from a more detailed perspective to examine the impact on the validity of the contract, from the concrete, the dynamic of the contract to identify specific circumstances validity of the contract issue. Finally, the analysis of the legal consequences of violations of peremptory norms of epistemological considerations. This chapter first argument breach of peremptory norms of public order and good morals lack of unified application of the law of our judicial practice does not beneficially; secondly raised in judicial practice violates peremptory norms validity of contracts should strive to achieve certainty and identified properly sex, the judge the effectiveness of the contract shall be considered to be demonstrated; peremptory norms in social life on the basis of the legal effectiveness of investigation, it is necessary to re-examine the legislative peremptory norms on the configuration, and the private autonomy in seeking a national mandatory balance and harmony.

On the violation of peremptory norms of validity of the contract

Abstract

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