On The Validity Of The Contracts In Violation Of Mandatory Rules

The validity of the contracts in violation of mandatory rules is an important part of the system of contract law. It is common to find such provisions as deal with the validity of the contracts in violation of mandatory rules in the continental legal states and regions and the article 52(5) of Contract Law of the People's Republic of China (referred as the article 52(5) of Contract law) falls within these provisions. Focusing on the comprehension and the application of the article 52(5) of Contract law, this thesis, firstly makes the regulating functions of the article 52(5) of Contract law clear in the public-private dualistic legal system and in the application of law; then defines the connotation, the denotation and the sources of mandatory rules and after that, on the basis of interpretation of the purposes of mandatory rules, tries to classify the contracts in violation of mandatory rules.This thesis comprises of three parts, i.e. Introduction, Test and Conclusion. The Test further consists of three chapters.The Introduction draws the proposition of this thesis and gives a brief explanation of methods of the study.Chapter one is to establish the basic theory for this thesis by way of defining the regulating functions of the article 52(5) of Contract law in the public-private dualistic legal system and in the application of law.Chapter two is concerned about the mandatory rules, the connotation, the denotation and the sources of which are analyzed.Chapter three is the core part of this thesis. It is first to make the definitions of some concepts with respect to the contracts'violation of mandatory rules. Then, the contracts'violation of mandatory rules are classified into such types as direct violation and indirect violation which are further classified. The method of interpretation of the purposes of laws plays a fundamental and guiding role in the course of classification. Through this thesis, the author makes an attempt to clearly rearrange the validity of the contracts in violation of mandatory rules for the establishment of a practical and orderly set of measures and methods for the judging of the validity of the contracts in violation of mandatory rules.