A Research On The Presumption Of The Validity Of A Contract

The effect of a contract is a crucial problem in Contract Law system. It is very important to judge the effect of a contract, which can guarantee the fulfillment of the contract. But in some circumstances, the effect of a contract is so difficult to be judged that the judge can't make a decision. The breach of a contract is common in society. There are many different ideas about the effect of a contract. In view of the above situation, the presumption of validity of the signed contract is discussed in this paper.First, this paper focuses on the design of the contract legal system. The main idea is as follows: A contract can only be effective or ineffective at a specific moment. One contract consists of many clauses, so it may be partly effective or effective completely. There are both moral and legal effects from the very moment when a contract is signed.The presumption of validity of a contract refers to a rule which presume the contract is effective, except the two parties intentionally get rid of the effect of the contract or the court or arbitration institution hold that the contract is ineffective according to the legal condition and process.Then, the presumption of the validity of a contract is analyzed fromsix dimensions: value analysis, logical analysis, economical analysis,historical analysis, surveying and study analysis, and rethinking analysis.Finally, the author studys the law and system of the presumptionof the validity of a contract and analyses its applicable condition, the restriction of its application .And the author mainly makes the system construction of the presumption of the validity of a contract from the angle of the entity law.