On Formation Of Valid Contracts

The question of formation of valid contacts is a fundamental content in contract law field. Two main law systems in the world treat this problem in different ways. The thesis adopted France and Germany, two delegates of the continental law system, to compare with the common law system. We can find that every country or district has its own controller of the effect of contracts,"cause of obligation"in French law,"juristic act"in German law, and"consideration"in common law countries each undertakes such function.Whether the different formation elements in each law system or even between every country means that there is no common point, which is the keystone of the thesis. Concerning the contract, two law systems adopted different ways to regulate, which was also the case inside each law system. This article compares these differences. The different thinking manner and philosophical foundation of these countries is the basic reason of various legal institutions. However, after comparison we can find that concerning the same object, different laws which regulated it must be interrelated with each other. Since form'status in contracts descended, the ideas of parties became significant, but acceptability has never been the whole thing of contracts. To compose a valid contract, some other factors could not be omitted. Consideration, cause and juristic act are such factors. But these are just in appearance, the substance is the same. This is because all these countries are descendants of Roman Law. Besides, no matter how contracts evolve, their function has never changed. Fundamentally, the substantive condition has never been absolutely altered.Our country has dropped behind developed countries in legal institutions, the construction of legal system is propelled by learning from other's experience. How to understand other's virtues seriously and absorb them fully, prevent misunderstanding and chaos is of great significance. It's a compulsory job that we have to do. Sincerely hope that the analysis of formation of valid contracts in this thesis would be a beneficial try.