Study On Void Contract

In the introduction, the author stresses the important role contract freedom and parties' autonomy play in market economy. Meanwhile, the author also point out that void contract system is a double-blade sword. On one hand, it is a useful supplement to contract freedom. On the other hand, it also contains risk of impairing parties' autonomy. A perfect system of void contract can reflect the requirements of its period, and keep a balance between freedom and restriction. Therefore, to define void contract accurately is of great significance. In order to comprehensively understand and clearly define void contract, this article analyzes in detail the concept, characteristics, determination and legal consequences of void contract.Next, inspecting and comparing ascertainment standard of void contract among various countries in the two primary legal systems, in related to the correlative stipulation of our present contract law, the author proposes some opinions.Finally, in view of the consequent insufficiency of our void contract, the article proposes the corresponding suggestion.