On The Establishment, Validity And Effectiveness Of Contract

A contract is a negotiation that the parties' establish, vary, or eliminate their relationship of civil rights and civil duties. We should treat the establishment, validity and effectiveness of contract differently when dealing with contract relationship. The three concepts have different connotations. To distinguish them, we need to begin with the analysis of characteristics of civil juristic acts.Civil juristic acts are the acts that the civil parties aim to establish, vary, and eliminate the relationship of civil rights and duties. Intention expressed, instead of legitimacy, is the essential factor and innate nature of civil juristic acts.Establishment of contract means the parties have reached agreement and established contract relationship. It is the result of the parties' free will. Validity of contract means the contract that has been established takes effect on law because it has the needed important conditions. The important conditions to validate a contract are the criterion for the law to estimate the parties' will. They are different form the conditions to establish a contract. Effectiveness of contract means the valid contract begins to produce legal binding force between the parties.In short, establishment, validity and effectiveness of contract are three different concepts with different connotations, which can't be mixed up. Establishment is the judgment of facts, validity is the judgment of value, while effectiveness is the problem concerning when the validity is produced. If we confuse the three concepts, we might not only make theoretical mistake but also bring practical harm.