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Effectiveness Of The Latest Research Contracts To Be Determined

Posted on:2009-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:R G YangFull Text:PDF
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"PRC Contract Law" (hereinafter referred to as "Contract Law") provides a kind of contractsthat are called effect pending contracts, including restrictions on civil capacity person to enter into a contract, agents have no right to a name The contract, no disposition of property and others who punished a contract. Despite the theoretical circles on such issues already discussed in depth and achieved fruitful results. However, in judicial practice, judges must face this or that new situations and new problems, learn how to use the latest legal theory, accurately identify the relevant facts of the case, measure the benefits scientifically ,ultimately, in accordance with the law provides for the effective contract Invalid or make a judgement, maintaining transaction order. With the "People's Republic of China Property Law" (hereinafter referred to as "Property Law"),It is difficult to reach a consensus on validity of contracts have no right to dispose,concluded by person.Based on legal, judicial interpretation, applying the latest legal theory and comparative study of methods, from the theory and practice point of view,this article specifis to three type of effect pending contracts.Presribed in Contracts Law .On the basis of making summary of commonality .Contractual effect to be determined dues to lacking of main body qualification,so law provides,that it's effectiveness must be ratified by obligee. In order to balance the interests between the parties, the law also gives people the right of interpellation and the right of rescission . The contracts concluded by person with limited capacity for civil conduct focus on protecting the interests of minors, while contracts concluded by unauthorized agents in other's name focus on the protecting transaction security. The contracts concluded by person who have no disposition are differents from the former two types of contracts also cause greater controversary . Since China adopted the claims,formalism to alter the modes of real right, the author tends to matain the principle that the effectiveness is to be determined .In order to effectively protect the security of property ,the effectiveness to be determined points to claims contracts rather than disposition. At the same time,by means of innocent purchasesystem can also effectively protect the safety of the dynamic transactions. Research results contributes toeliminate fuzzy understanding of the legal concept and myths of legal transplantation between East and West in judicial practice,having certain borrowings and reference value.
Keywords/Search Tags:validity to be determined, legal acts, restrictions on capacity, legal right to limit the ability of agents, have no right to punishment
PDF Full Text Request
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