Effect Of Conversion Of Invalid Contract

Contract is the most important means of achieving autonomy of private law, contract transactions directly related to the effectiveness of state goals level. Invalid negative effect is reflected in the contract, the contract is declared null and void means that the parties to the transaction does not fully achieve the intended purpose. Allow the effect of transitions in both the contract null and void on the parties to respect the meaning of freedom, but also conducive to promoting trade efficiency. Invalid conversion has some theoretical validity of the contract basis and logic of the premise, it is in support of a theoretical basis, through certain ways and means to void the contract to take effect the conversion.By the author of the source of validity of the contract, analytic validity of the contract to convert an invalid theoretical basis and the logical premise, and then from the perspective of public rights and private rights, discusses the validity of the contract is invalid the value of conversion system, and transform the way the effectiveness of invalid contract be brief and to void the contract on the probe into the effectiveness of conversion and the establishment of the theory of validity of the contract is invalid conversion regime.This article is divided into introduction, body and conclusion of three parts. Article text is divided into four parts. Through the first part of the main sources of contracts to illustrate the effectiveness of the contract is invalid and the theoretical basis transform the logical premise; Chapter intervention from the state power and autonomy of private law aspects of validity of the contract is invalid conversion discussed the value and significance of the system; the third chapter, conversion of an invalid way to limit the contract; fourth chapter in our country the status of an invalid contract system, and learn from foreign legislative and judicial practice, to construct a system of thought invalid contract.