The Analysis And Exploration On The Contract Validity

Contract validity system is a legal affirmative or negative judgment to the signed contract between the parties. In the judicial practice, the principle of "More transactions on the basis of equality" advocated by contract law is supposed to be implemented thoroughly, and all sorts of contracts signed by the parties should be correctly determined. However, owing to the conflict between judicial interpretations and written laws and the disagreement or even confusion on the theory understanding of the contract validity in the judicial practice, the study of the contract validity is of intense practical guiding meaning. On how to determine the contract validity accurately, the author will conduct a concrete analysis and exploration on the determination of the validity of valid contract, unconfirmed contract, revocable contract and invalid contract and other relevant issues through the form and content of contract according to the legal different appraisal to contract, and will cite some relevant cases to conduct analysis with the expectation of improving the contract law in a theoretic level. This thesis comprises five parts. The first part is connotation analyses for contract itself, its making and effectiveness, mainly focusing on the comment and definition of all kinds of views on the concept of contract, the relationship between contract and its form,the interrelationship among offer, acceptance and the making of contract, the connections and differences between contract making and its effectiveness. The second part is the determination of the validity of valid contract and its characteristics, mainly stating the concept of valid contract and its judging criteria and characteristics. The third part is the validity determination and classification of unconfirmed contracts, mainly stating the concept and the characteristics of the unconfirmed contracts, the differences among the unconfirmed contracts, the invalid ones and the revocable ones and the determination and validity of three sorts of unconfirmed contracts. The fourth part is the validity determination and classification of revocable contract, mainly commenting on its concept and characteristics, the differences between revocable contracts and invalid ones and the determination and validity of four sorts of revocable contracts. The last part is the validity determination of invalid contract and its relevant issues, mainly commenting on its concept and characteristics, the causes and classification for its invalidity, the executing party of its petition right, the relationship between enforceable failure and contract validity, the validity of ratified, registered or filed contract, the validity of the clause exempt from the responsibility in the contract, the conversion of invalid contracts, the legal results and the treatment of property when the contract was proved to be invalid.