Identification Of The Invalid Contract

Identification of the invalid contract is one of the important topics in the theory of contract law and judicial practice. In our current civil law, "Civil Law" and "Contract Law" have provided some principles, but there are still many deficiencies. This article attempts to compare relevant legislations with the other countries (regions), profoundly analyze the judgment and the strengths and weaknesses of our current invalid contracts. On this ground, the author proposes some suggestions to further improve the absolute invalidity of the contract in the new system of the civil law.This paper is divided into three parts:In the first part, the author describes the existing theory of the contract system. First, by comparing the meaning of the invalid contract defined by the domestic and foreign scholars, the author intends to reveal the concept of an invalid contract. Second, the author systematically analyzes the legal characteristics of the invalid contracts on the ground of interpreting the concept of them. Finally, the author describes the value of legislation on invalid contracts. Under the condition of the contract's invalidity is strictly restricted, the author wants to make the will of the parties given more respect and the principles of the autonomy of the private's law thoroughly implemented;at the same time, the public interest secured maximize.In the second part, the author identifies the principal part of the invalid contracts. This part involves the people who claim the contract's invalidity and the recognizing authority. The people who claim the contract's invalidity include the both parties and third parties of the invalid contracts. And the recognizing authorities include the courts and the arbitrations.In the third part, the author studies the statute of limitation's issue of the invalid contracts. Our "Contract Law" doesn't make the corresponding provisions on whether the invalid contracts'confirming is restricted by the statute of limitations. Therefore, the debate of the limitation's issue has been raised by the theorists and practitioners majoring in the contract law. By analyzing a variety of perspectives and assessment grounds of the problem, the author confirms that the statute of limitations should be applicable to the recognition of the contract's invalidity. The period is two years after the contract's obligation should be fulfilled. The statute of limitation of the claim raised from the confirmation of the invalid contracts is two years until the contract's obligation should be fulfilled or two years after the confirmation of the invalidly of the contracts.