Study On Becoming Effective Of The Contract

The question of becoming effective of the contract is one of the basic problems in science of the contract law, it is one of the important problems of science of civil law too. In our country, law scholars have been studying about effect of the contract, validity of the contract and becoming effective of the contract constantly, and have made many achievements to promote the progress of legislation, judicial cause and law academy. However there are still many topics attracting people's interest to study continually, and they always cause warm discussion.Here, by analyzing concepts such as the effect of contract and becoming effective of the contract, comparing concepts such as condition and limitation of time, becoming effective and valid, time of commencement and limitation of time of performance, the author is tying to present some interpretations concerning the becoming effective rules of special contracts in the Law of Contract, gives a view point that setting up the relationship of debt between the parties of the contract is a part of the effect of the contract and setting up the relationship of debt between the parties is the sign of the contract becoming effective, wishes this would be beneficial to the explanation, perfection of the Law of Contract and study on relevant problem of science of the contractChapter one gives a view point that setting up the relationship of debt between contracting parties is a part of the effect of a contract by analyzing the concept effect of the contract; Chapter two tries to explain that becoming effective of the contract and validity of a contract are quite different though comparing the concepts becoming effective and validity of the contract; Validity of the contract belongs to value judgment, and becoming effective of the contract belongs to fact judgment; Chapter three discusses the sign of becoming effective of a contract. Setting up the relationship of debt between the contracting parties is a part of the effect of the contract, and a contract becoming effective means set up the relationship of debt between the parties; On the contrary, the relationship of debt of contract having been set up marks a contract having become effective; Chapter four presents some interpretations about the becoming effective rules of special contracts in the Law of Contract.