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Research on the Validity of "Illegal" Contract

Author: LinYiMing
Tutor: WangXueXian
School: Dalian University of Technology
Course: Civil and Commercial Law
Keywords: Legislative Value Mandatory provisions of law Social and public interests Validity of the contract Validity of the contract Relief
CLC: D923.6
Type: Master's thesis
Year: 2010
Downloads: 223
Quote: 0
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Abstract


The validity of the contract is the legal effect of the contract between the parties to the contract , or is legally binding . Contract in violation of the law will get a negative assessment of the law , may be determined to be invalid contracts . Contract Law of the People 's Republic of China (hereinafter referred to as the \However , the provisions of 52 ( 5) of difficult to really achieve the purpose to protect the security of transactions . In reality , many of the contract does not prejudice the interests of the state, society , or a third person in violation of the mandatory provisions of the law . Therefore , from the point of view of the legal thinking on the current validity of the contract system , and on this basis to improve the existing system has important practical significance . In this paper, the value analysis of law , literature , law, comparative law research methods, analysis of China and Germany, Japan academia research . On this basis , this paper analyzes the problems in the existing laws and proposed system improvement recommendations . The first chapter from foreign legal thinking, the effectiveness of Chinese Legislation and judicial problems in three angles of illegal contracts described and carried out the analysis of theoretical research and legislative , judicial status quo . This paper presents the view that in addition to the provisions of Section 52 of the Contract Act , the determination of the validity of the contract should be based on whether the illegality . Chapter II of this paper the difference between the three cases of the illegal contract invalid . Chapter proposed recommendations for the improvement of our legal theory , and on the issue of illegal and validity of the contract from the point of view of the legislative and judicial system design .

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