On Noneffective Contract And Efficacy Remediation

Noneffective contract is a term which is contrary to effective contract. Although it has been formally established, it cannot function as an effective contract because in content it is against the laws, the compulsory rules of administration laws and the public benefit. Traditionally, this kind of contract is supposed to be absolutely, originally and surely noneffective. During the process of judging a noneffective contract, such factors as liberty, safety, justice and efficiency value all have great effect directly on the issue of the concrete range of noneffective contract.Generally speaking, for many of the so-called noneffective contact, because it is concerning about the public benefit, its blemish is too large to be listed into the noneffective contracts. Yet as a matter of fact, through the examination on the form of all kinds of noneffective contract, we could found, that some of the blemishes only concerning the principle of private law autonomy, for example, in the activity of an incompetence, and the contract of them is not absolutely incurable, if we insist on judging it a noneffective one, and not offering any opportunity for the very party to compensate, then what our laws are dealing with are not maintaining the principle of private autonomy, whereas, it is by the contraries. Accordingly, it inspires the consideration, of the author, on the noneffective contract and its efficiency remediation. Through this essay, the author aiming to, with the help of legal analysis of noneffective action, analyze the limitation of noneffective contract system in China, and further to consummate this system in China.This essay consists of introduction, text and conclusion. The text of the essay is comprised by three chapters. In chapter one, it is a general description of the noneffective contract, and the content including the situation and system background of noneffective system in China, and the connotation defining, aiming to pave the way for the theory basis for the deploying of the whole essay. And chapter two focuses on the justification of a noneffective contract, as includes the principles of how to judging a noneffective contract, and causes analysis of the noneffective contract in different countries and areas. Through the analysis and arguments in this chapter, regret and limitations of noneffective contract system in China will be nailed down so as to pave the way for the perfection assumption. And chapter three is the pivot chapter, and it focuses on the remediation for noneffective contract, which includes the concept and quality of noneffective contract remediation; its theory basis; the approaches for the remediation. The author, with the reference to the viewpoints of scholars, and put forward the assumption to the noneffective contract, and complete the leitmotiv of the whole essay.