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Effect of Conversion of Invalid Contract

Author: GuoChangYong
Tutor: LiuYinLiang
School: Inner Mongolia University
Course: Civil and Commercial Law
Keywords: Contract Effectiveness Invalid Transform
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 84
Quote: 0
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Abstract


Contract is the most important means to achieve autonomy of private law , is directly related to the validity of the contract transaction level goals . Invalid negative effect is reflected in the contract , the contract is avoided it means to achieve the intended purpose of the parties to the transaction is not complete . Allow invalid conversion occurs both on the validity of the contract parties to respect the meaning from mountains , but also conducive to promoting trade efficiency. Validity of the contract is invalid conversion has some theoretical basis and logical premise , it is in support of a theoretical basis , through a certain way and means to void the contract takes effect the conversion. The author of the study contract validity sources , analytical validity of the contract to be invalid conversion theoretical foundation and logical premise , and then from the perspective of public power and private rights , discusses the validity of the contract invalid value conversion system , and the validity of the contract is invalid conversion mode and restrictions outlined in order to force conversion on an invalid contract research and theoretical exploration to establish the effectiveness of the contract invalid conversion system help. This paper is divided into an introduction, body and conclusion of three parts. Article text is divided into four parts. The first part of the main sources through contractual effect discussed to illustrate the theoretical basis of an invalid contract conversion and logical premise ; Chapter interventions from national public power and private autonomy discusses the validity of the contract is invalid conversion system of the value and significance ; Chapter discusses ways to convert an invalid contract and their limitations ; Chapter invalid contract system combined with our current situation and learn from foreign legislative and judicial practice, Constructing void contract system has been thinking .

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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