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Validity of the contract research

Author: ZhuXiaoLin
Tutor: FengJuPing
School: East China University of Politics and Law
Course: Legal
Keywords: Validity of the contract Invalid contract May revoke the contract New Contract Law Practical Use The force of law Ineffective Contract Party Solution Judicial practice
CLC: D923.6
Type: Master's thesis
Year: 2004
Downloads: 704
Quote: 3
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Abstract


The process of the development of a modern market economy, will continue to appear the Contract Law makers unexpected new situations and new problems. In this paper, the theme of the validity of the contract, to start on. Contract in-depth study, correctly identified the effectiveness of various types of contracts, contract judicial practice and understand the meaning of the validity of the contract must be accurate, correct division of the morphology of the validity of the contract, it solves the basic issues about the validity of the contract and the integrity of issues, including the concept of the contract and the validity of the contract, the morphology of the validity of the contract, in this article, starting from the correct understanding to grasp the meaning defined in the validity of the contract and the morphology of the validity of the contract to start on. In judicial practice, the term \a contract for the results of the evaluation, including an affirmative result, a negative result is also included. Study contract law on the validity of the contract, should study the entry into force of the contract invalid contract may revoke the contract and the effectiveness of undetermined contractual effect. This paper is divided into six chapters respectively on the morphology of the validity of the contract, and practical application, to elaborate and propose their solutions. The main contents are as follows: the first chapter expounds the concept of validity of the contract. Talk about the validity of the contract, but also both speak of the legal effect of the contract, the law sets with the legally recognized the effectiveness of the legal validity of the contract. The second chapter expounds the concept of effective contract: the introduced not effective for the type of contract, and practice how to protect not effective for the rights of the parties to a contract to be addressed. The third chapter describes the concept of the commencement of the contract. The entry into force of the contract, the contract has been established to meet the legal requirements to obtain the recognition of the national force, reflects the will of the country. Judge for the entry into force of the contract elements, based on the general legal principles should apply to the relevant provisions of the General Principles of the Civil Law. In practice, I believe that should mean true replacement for the parties to reach a consensual, that the meaning of that consensus is appropriate. Fourth chapter elaborated the concept of invalid contract; (mainly found to be invalid contract should be noted that in practice is illegal, under the Civil Law and Contract Law contradictions, national interests and public interests); litigation practice invalid contract aging treatment; to invalid internal legal effect of the contract (which mainly elaborated on the return of property less than discount compensation); brief analysis of practice relating to the ineffective real estate contracts, elaborated identified should follow the principle of the effectiveness of the real estate contracts. Chapter on the type exists in the effectiveness of the concept of the pending contract and the new contract law; protection of bona fide contract to analyze the relative interests of undetermined effect; undetermined effect of contract ratified by the way. Chapter on can be changed, can revoke the contract concept; fraudulent practice, coercive type contracts Can I make a brief analysis of the invalid contract processing. Chapter VII on the concept of fair contract, and display defect the fair theory in practical application, and present their solutions.

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