Research Of Relative Problems Regarding The Invalidation Of The Contracts

This article is divided into three parts.In the first part, the author mainly concentrates on the concept and characteristics of the invalidation of the contracts and analyzes some relative problems. Invalidation of the contracts regards to those contracts which, though in existence, doesn't possess the sanction and can not come into effect because of being lack of necessary conditions, which could not consequently have no force adeffect. The criteria for the invalidation of the contracts are that whether it is concluded in accordance with the law; if not, the contracts could be considered as invalidation. There is distinctive difference between absolute validation and relative validation of the contracts: if the contracts inviolate the law, they are invalidated and consequently could not be implemented. The differences between the invalid contracts and the revocable contracts could be reflected by the Law of the Contracts, which conclude the acts as collusion, cheating, coercion or exploitation of his unfavorable position by the other party as revocable contracts, in that case the objects of revocation are those performed by a person against his true intentions. In the broad sense, those acts performed by a person against his true intentions are not the necessary conditions, but in the narrow sense, these acts do have difference with the mandatory provisions which prescribe the illegality and the public values. In this sense, revocable contracts and invalidated contracts does have differences. The difference also lies between the invalid contracts and malicious defense. If the contracts are absolute invalidated, the malicious defender could also claim it as invalidation; if not, the claim should not be supported. Therefore the differences between the invalid contracts and the illegal contracts lie in the concepts, necessary conditions, the applications of the ways of contracts expiations and legal consequences.The invalid contracts are characterized by is illegality and certainty.The contracts are invalidated in the following circumstances: the contract impaired the national interests in the manner of cheating and coercion by one party; the contract violating the interests of the nation, collective and the third party in the manner of malicious collusion; the contracts, though in legal form, possess illegal purpose and violate the public interests; the contracts not in accordance with the mandatory prescription of the law and other administrative regulations which refer to those made by the national congress, its standing committee and the state council. Other issues regarding the invalidation of the contracts are illegality of the form and motivation, act of the contracts and partial illegality of the contracts.The second part discuss separately the application of absolute non-effective accusation prescription regulation of contract, application of relative non-effective accusation prescription of contract and application of partly non-effective accusation prescription regulation of contract. In general situation, the application of absolute non-effective accusation prescription regulation of contract should not be restricted by the accusation prescription, that is to say, for the compulsory prescription that violate laws and regulations, that are the contracts that violate public order and customs, the conformation of no-effect should not restricted by time. The reason is that the conformation of no-effect is a fact conformation, but not the restriction of time to rights; apply accusation prescription to the confirmation of no-effect does not conform to the object that the laws set accusation prescription. The confirmation to no-effect can be raised at any time conforms to the society's whole legal order; advocate or confirm the right of no-effect of the contract is not applicable to the regulation of accusation prescription does not inevitably violate trade safety. Relative non-effective contract refers to the contract that can be canceled. Before the contract that can be canceled is canceled,...