Invalid Contract With The Applicable Limitation Of Actions

The limitation of actions of invalid contract has always been the focus of controversy in the theory and practice. However, the laws in our country did not have a clear picture about it, while the scholars were reluctant and rare to talk about this topic in relevant research. In fact, it often becomes justice problems. A scientific, reasonable and fair solution to this dilemma will be directly related to national and personal interests, and balance interests of the two parties involved in the invalid contract. This thesis begins with analyzing the implication, functions, features and the validate standards of the invalid contract, and further argues that the invalid contract in China's Contract Law should be voided as soon as it was subscribed, and it bears a definite and absolute invalid nature. Further more, it stressed that the invalid contract should be strictly limited within the provisions of Article 52 in the "PRC Contract Law" (hereinafter referred to as the "Contract Law"), without implied explanation. Having this theoretical premise, this thesis explores the question concerning to the limitation of actions applicable to voiding the contract.This thesis is divided into three parts: the introduction, the body and conclusion.The introduction first has a picture of the current situation of the theoretical study on limitation of actions for invalid contract's application, and the perplexity as well as difficulties existing in the judicial practice.The body consists of the following three parts:The first part is about the understanding of the invalid contract. The...