On The Legal Regulation Of Validity Of Contract

The main content of the market economy is commodities exchange and the exchange is mainly completed through contract. The reason why contract is chosen as a dealing form by market participants is that contract is vested with the enforceable validity by law. That whether the contract is valid or invalid not only involves the interests of both contracting parties, but also influences the circulation of entire social wealth. Then how contract is vested with validity by law? What is the mechanism of legal regulation of validity of contract? This is the main problem that the thesis wants to discuss.The thesis is divided into four chapters apart from the preface and the conclusion:The first chapter is an outline of the legal regulation of the validity of contract. The first section firstly defines the legal regulation of validity of contract and analyzes the relation between the legal evaluation on the contract and the legal setting of validity of contract which are the two stage of the legal regulation of the validity of contract. Finally it analyzes the characteristics of the legal regulation of validity of contract. The second section, through analyzing the relevant concepts about the legal regulation of validity of contract, forms the comprehensive understanding of the legal regulation of validity of contract discussed by the thesis.The second chapter introduces the first stage of legal regulation of validity of contract——the legal evaluation on contract. At the beginning, with an analogy raised by French scholar about the standard of classification of validity of contract, the author firstly elaborates the process of legal evaluation on contract and divides the contract into two types according to the attitude of legal evaluation on contract——one type is named"normal"contract which is positively evaluated by law and the other type is named"morbid"contract which is negatively evaluated by law. The first section explicates the specific criteria of legal evaluation on contract. The second section, on the basis of the specific criteria of legal evaluation on contract , introduces how to differentiate the"normal"contract and various types of"morbid"contract.The third chapter introduces the second stage of legal regulation of validity ofcontract──the legal setting of validity of contract. The first section expounds the value orientations of the legal setting of validity of contract. The second section elaborates the details about how the law sets the validity to"normal"contract. The third section elaborates the details about how the law sets the validity to"morbid"contract.The fourth chapter analyzes the defects of legal regulation of validity of contract in China and puts forward relevant suggestions for improvements. The first section mainly analyzes the defects of legal regulation of validity of"normal"contract and puts forward the suggestions for improvements. The second section analyzes the defects of legal regulation of validity of"morbid"contract and puts forward the suggestions for improvements.