On The Relationship Among The Establishment, Validity And Effectiveness Of A Contract

The contract is the typical civil juristic act of parties which is an important way to realize the autonomy of parties and an important means of personal development and the realization of self-worth. Among them, the establishment, validity and effectiveness of a contract are key concepts in the areas of contract law, because people first think of whether the contract has been established, valid and effective when a contract is in dispute in practice. Therefore, the relationship among the establishment, validity and effectiveness of a contract is of great importance for us to understand. It is not only a matter of theory, but also plays an important role in the legislation, Justice and law-abiding of citizens. However, it has not been defined clearly on national legislation, the research in theory is not enough up to now, and in judicial practice the same situation is dealt with differently, which has seriously negative affect on the role of contract law.This paper analyzes the relationship among the establishment, validity and effectiveness of a contract from the macro and micro levels; the main body consists of four chapters. The first chapter analyzes the inevitability and necessity of the relative isolation from the macro level, mainly from two aspects of theory and practice. The so-called relationship of different things is always based on the relative independence of them, therefore, I should first demonstrate their relative isolation as the foundation for the text. Chapter II, III and IV analyze the relationship among the three respectively from the micro-level. I analyze it from the three aspects of connotation, constitute elements as well as legal effect.The author believes that the establishment, validity and effectiveness of a contract are "Relatively Separate". "Relative" means that there is considerably close contact among them; "Separate" is to emphasize that the establishment, validity and effectiveness of a contract are three different concepts in practice; each of them has its own independent connotation, elements as well as legal effect.