The Legal Study On The Issue Of Effectiveness Of The Mandatory Requirements

Invalidity of contracts is one of the key issues regarding contract law research and application, research on the cases of contract invalidity is crucial to the development and judicial application of contract law theory. Section 52 (e) of the PRC Contract Law provides that the contract"violating mandatory provisions of laws and administrative regulations"is invalid. Supreme Peoples Court, Several Issues Concerning Application of the PRC, Contract Law Interpretation I further defines the aforementioned"mandatory provisions"as"effectiveness of the mandatory requirements". This provision not only reduces the limit of Section 52 (e) of the PRC Contract Law, but also brings new questions and problems to the judicial practice. Therefore, it is necessary to do further legal research on"effectiveness of the mandatory requirements".In this article, legal research on"effectiveness of the mandatory requirements" includes four parts:The first part (Chapter One), from the stages of contract dispute and contract conclusion respectively, explains the problems and puzzles of"effectiveness of the mandatory requirements"in practice mainly by examples, which leads to thinking and exploration on the issue of"effectiveness of the mandatory requirements ".The second part (Chapter Two), based on research and analysis on "mandatory provisions" and discussion of the meaning and understanding of the upper stage concept of"validity of the mandatory provisions", discusses"effectiveness of the mandatory requirements". This part includes analysis on the meaning and distinction standards of"mandatory provisions", as well as the impact of violations of"mandatory provisions"on contract validity.The third part (Chapter Three), by comparison, demonstrates the meaning and criteria to distinguish"mandatory provisions", and then analyzes the meaning and distinction standards of"effectiveness of the mandatory requirements".The fourth part (Chapter Four), on the basis of aforementioned legal analysis, discusses on the legislative history and judicial practice of"effectiveness of the mandatory requirements"in China, leads to the analysis of existing problems regarding"effectiveness of the mandatory requirements", and presents the author's ideas on the meaning and standards of distinction of"effectiveness of the mandatory requirements". By doing so, the author wishes others may come up with valuable opinions on this issue.