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Studies on the Indefinite Contracts

Author: LiZuoZuo
Tutor: WangLiPing
School: Shandong University
Course: Legal
Keywords: contract uncertain validity invalid
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 250
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Abstract

The effect of contracts is the legal consequences or Legally binding that the contracts which have been formed bring about on the contracting parties and even the third party. The effect of contracts includes:valid contracts、invalid contracts、indefinite contracts、changeable or cancelable contracts. The indefinite contracts is a special form. Although the contracts have been established, the effect of contracts is still in the condition of being in suspense because of the flaws that are not Insufficient to identify the contracts invalid. The contracts can be valid because of the correction by the party which has the right of admitting, or can be invalid because of the cancellation by the party which has the reversible right. The recognition of the indefinite contracts not only has a direct bearing on the forming of the contract law relationship, but is the proof which decides different responsibilities of the parties.The first part of the dissertation studies how to determinate the effect of the contracts. There are five elements that can measure the effect of the contracts:qualification of the conduct, meaning of the conduct, content of the contract, mark of the contract,form of the contract. Through the analysis of the five elements, it comes to a conclusion that the general requirements of a valid contract are the corresponding capacity for civil conduct,the true meaning,not violating the law or the social public interests, the definite and possible mark. In addition, the dissertation discuss three kinds of contracts with special effective requirements. The second part studies the connotation,meaning, features and value of the indefinite contracts, from the aspect of the basic theory of laws. It brings up that the essence of the indefinite contracts is that the law make the valid part- the meaning of the counterpart- out of the invalid contract to be a offer for the counterpart’s interests.Once the offer is accepted by the oblige, there will be a new and valid contract. The system of the indefinite contract not only protect the interests of the oblige and the counterpart and respect the will of the both sides, but also encourage the trade and enlarge the social economic relationships. Furthermore, it elaborates the meaning of some key concepts in the indefinite contracts ratification, cancellation, exhortation, acquisition in good faith. The third part studies the three kinds of definite contracts in the Contract Law:the contracts signed by the person with limited civil capacity, the contracts signed by the unauthorized agent and the contracts signed by the person without the right of disposition.It analyzes the reasons for the formation of there contracts, the rights of the oblige and the counterpart, and the regulations in the Contract law. The four part demonstrates the differences between the definite contracts and the contracts of apparent authority, the differences between the definite contracts and the invalid contracts, the differences between the definite contracts and the changeable or cancelable contracts. The essence of the difference between the definite contracts and the changeable or cancelable contracts is that the counterpart has the adequate reasons to believe that the conduct has the authority of agency because of the fault of the principal. The difference between the definite contracts and the changeable or cancelable contracts is that the flaw of the definite contracts is the conduct’s lack of authority,and the flaw of the changeable or cancelable contracts is the conduct’s untruthful meaning. The difference between the definite contracts and the invalid contracts is that the invalid contracts violate the mandatory provisions. The five part makes a useful thinking on the deficiency and improvement of the indefinite contracts regulations.It brings up that provision 51 of the Contract Law should be that in the contracts with no right of disposition the counterpart with good faith can get the ownership of the mark according to the system of acquisition in good faith to make the conduct valid etc.

Studies on the Indefinite Contracts

Abstract

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