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Research On Validity About Contracts Against Compulsory Regulations

Posted on:2008-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z LiFull Text:PDF
GTID:2166360242965046Subject:Law
Abstract/Summary:PDF Full Text Request
Validity of a contract is one kind of binding among concerned parties. The validity reflects how laws evaluate agreements between concerned parties. So, the validity of contracts depends on whether it holds all required items. If it can not own these requirements, the situation is otherwise.It seems that, at the first glance, the binding is endowed by laws but not from wills of relative parties, which means that national purposes are interposed into contract validities. If contracts do not coincidence with national purposes, it might be cancelled or be viewed as void. Every country all regulates results against compulsory rules.It is difficult to make a distinction between regulatory rules and invalid rules in practical operation, although feasible in theory. It is necessary to set up social order and common senses as a standard to behaviors and final decisions. When ensuring validities of one contract, it is necessary to ensure the regulatory aim and targets of laws and judge validity if breaching regulatory rules.In"Chinese contract laws", the aim of regulatory rules is to deal with the relations between contract freedom and national regulation, which is to limit national interfere to citizen's democracy and liberty. So, when explaining items concerned, it must limit and control contract's aims in accordance with laws and regulations.One contract breaching regulatory rules will not certainly lead to an invalid contract. Making a judge need both combine contracts with social orders as well as common senses and make a unify understanding. All in all, under this circumstance, we will further developing an evaluating system.
Keywords/Search Tags:Contract Validity, Compulsory Regulation, Regulatory rule, Effective rule, Social orders and common senses
PDF Full Text Request
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