Research On Relatively Invalid Contract

After the Law of Roman, the research of validity of contract is more and more in detailed, and just we do in our civil law. In China, the provisions in are more reasonable than with deeper research in contract. But there are still many questions in it, and the relative invalidity of contract is one of them. After the publication of , what is the effect of the contract that infringed upon the right of one in advance notice registration? Along with articles 51 of , unauthorized disposal is that A is no right to dispose of the property of another person, but the disposition in my article is subject to certain restrictions, and it is certain that he do not dispose property of anyone ales. So the system of unauthorized disposal cannot be applied here. If such contract is invalid, the third party can only request fault liability, so it is difficult to make up for losses that he suffered. In this type of legal acts, the actor owns the subject concerning, it was difficult to dispose of such acts classified as unauthorized disposal, the author try to solve this problem with the five parts describing relatively invalid rules.The first part introduces the concept of relatively invalid rules, any generation and the development of a system are based on social background as the basis, therefore the background of the system and understanding its development process, are more helpful in-depth understanding of the system. The concept of the relative invalid rules that derived from German law is more in line with the concept of logic. from a historical point of view, by introducing the Roman law, French France, Germany and France, and other related countries of relatively invalid rules.The second part introduces the different effects that between the parties and that between one party and the third party. The contract is in full effect between parties, and only invalid relative to the third party. And second, the law set relatively invalid rules to balance the party that is protected by the prohibition rules and the bona fide assignee.The third part mainly introduces the nature of the relatively ineffective contract. When a system is established, make sure the object of it is important. Then reflecting in this paper, the problem is that:In our system, what's relatively invalid, the contract itself or the act of disposition? In Germany, one of the important categories is that the legal act can be classified as the act of disposition and the act of obligation. In our country, the law of contract also uses the conception of act of disposition. For this problem, scholars have different views about it. In my opinion, the act of disposition in this paper is the contract behavior to dispose the object.The fourth part mainly introduces the species of the relatively ineffective contracts. The relatively ineffective contracts mainly be used when the act of disposition is restricted, such as disposing the collateral, the properties in common, the subject matters that burdens the rights of the first refusal of it, the object that sealed up.The fifth part mainly introduces the legal effect of the relatively ineffective contracts. In these acts, only the third party outside the contract has the rights to advocate the contract avoided. The contract parties don't have the rights. Besides of those, the system of relatively ineffective contracts can remove the using of the system of acquire in good faith.Based on the analysis above, during the construction of civil law in future, we should abstractly prescribe for the relatively ineffective contracts. It means:the concluding of legal act damages the particular interest of given parties and be considered invalid by law.