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On Noneffective Contract and Efficacy Remediation

Author: YinGuoHui
Tutor: ZhengChunYu
School: Inner Mongolia University
Course: Civil and Commercial Law
Keywords: Invalid contract Theoretical basis Judgment The effectiveness of the correction Remedy
CLC: D923.6
Type: Master's thesis
Year: 2008
Downloads: 332
Quote: 2
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Abstract


Invalid contract relative to a valid contract, the contract has been established, but its content in violation of the mandatory provisions of laws and administrative regulations and public interests without a legally binding contract. The traditional theory is that the invalid contract absolutely, from the beginning, of course invalid. Freedom, security, justice and the effective value factor plays a huge role in the process of determining the contract is null and void, and direct impact on the invalid contract range. In general, we called invalid contract being to the public interest, its flaws reached the situation can not be enough to make it non-null and void. But in fact, the investigated through specific invalid contract form, we will find some flaws just related to the principle of private autonomy, for example, with no capacity to engage in civil activities, they did not sick to the point of hopeless For this contract, if we still insist that they are determined invalid course, without giving a specific parties to any remedy, then, our law did not maintain the principle of the autonomy of private law, but, on the contrary. This triggered a remedy the thinking of the author of the invalid contract and its effectiveness. The author aims through this article, with the invalid legal act Comparative Law, and analysis of the shortcomings of our contract invalid system in order to improve our contract invalid system. This article is divided into introduction, body and conclusion. The paper body part is divided into three chapters. The first chapter is an the invalid contract overview section, including the system of the status quo of the contract is invalid and institutional background and connotation definition of an invalid contract, aims to expand discusses the theoretical basis for text. The second chapter is invalid contract, including the judgment invalid contract value criteria as well as the different national, regional contract invalid because analysis of two parts, to adopt this chapter discusses the analysis, clear shortcomings and inadequacies of our contract invalid system, so as to presented below perfect envisaged to pave the way. Part of the third chapter is the focus of this article chapter, its core content is invalid contract remedies, the concept and the nature of the validity of the contract contains an invalid remedy invalid the validity of the contract remedy theoretical basis as well as the effectiveness of the invalid contract remedy, I reference Members of invalid the validity of the contract remedies envisaged on the basis of the scholar's point of view, thus completing the full thrust of the chapter.

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