Comparative Study Of The Validity Of Contract Home And Abroad

Under the present circumstance of market economy, all of the business activities should be conducted through conclusion and performance of contracts. When a contract is signed, both contracting parties should keep themselves within the bounds of contract and strive for the aim of signing the contract until the contract is fully fulfilled. The validity of contract is a force endowed by law to guarantee the performance of contract and strength of self-discipline of both contracting parties for realizing the aim of contract positively.The validity of contract is at the core of contract law. Because it determines the responsibilities and obligations of both contracting parties, the successful implement of the contract and the attainment of corresponding remedy endowed by law. In the civil laws of most countries, the provision of validity of contract is stipulated.Taken the different understandings of validity of contract home and abroad into consideration, this paper introduces the development of its concept and history of evolution in both civil law countries and Britain-American law countries. And the scope of validity of contract is also discussed. Then the paper devotes to a comparative study of its dynamic change in the two different law systems in terms of unapplied contract and invalid contract. It is hoped that this paper will contribute to the improvement and perfection of the provisions of contract validity in our contract law.