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Study on the Effectiveness of Contract Breach the Mandatory Rule

Author: ZhouXiaoYu
Tutor: MaXinYan
School: Jilin University
Course: Civil and Commercial Law
Keywords: Mandatory provisions Contractual effect Autonomy Public order Good morals
CLC: D923.6
Type: Master's thesis
Year: 2005
Downloads: 257
Quote: 3
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Abstract


5 , Section 52 of the Contract Law of the People 's Republic of China \. The article first sort out the effect of the violation of the mandatory provisions of the contract legislation transmutation , is intended to clarify our civil legislation in violation of the mandatory provisions of the contract effect on trend ; thus a comparative study of the effectiveness of the violation of the mandatory provisions of the contract , intended to make on the awareness of this issue is broadened as a theoretical basis for finding a violation of the effectiveness of the mandatory provisions of the contract , respectively, to analyze the effectiveness of the violation of the mandatory provisions of the public law and in violation of the mandatory provisions of the contract in private law ; then the relative separation of the public, private , and concluded that the contract of any violation of the mandatory provisions of laws and administrative regulations should not of course be invalid , identified key contract invalid because not in its violation of the mandatory provisions of the law , and the key to its violation of public order with good morals ; Finally, this conclusion the introduction of legislative practice , legislative idea proposed system of the Civil Code .

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