The Discussion Of The Void Contract

The affirmation and legal consequence of void contract is an important issue in both theory and judicial practice,also a difficult issue. Though there are principle provisions in the General principles of Civil Law and in the Contract Law concerning the issue,we see different in our understanding and judicial practice. Now ,our scholars have many books and papers on this issue.However,they pay little attention to concrete problem and detail issue. According to the current legislative systems,collecting real case,referring to and analying the law,the theory and judicial precedent in countries around the world,my paper puts forward the view and opinion to several key problems in the practice so as to be instructive and helpful to civil and judicial practice.The whole thesis is composed of six sections.The first section is a summary to the system of the void contract. It introduces the concept and the history of the void contract briefly and why the system of the void contract exists in the law.Section two asserting the standard to the void contract. It combines the current legislation of our country,has explained in detail that asserts the legal basis of the void contract, and has pointed out that we should insist on two principles.Section three studies the legal consequence of the void contract. This section is the focus of this paper. I first expound the legal effect of the void contract on the significance, pointing out that the judicial practice of ignoring the issue. Secondly, the combination of our existing legislation, and introduce two foreign law systems, by comparison, elaborate the specific application on the legal consequence of the void contract.Section four is on an void contract to make corrections and effectiveness of the conversion issue. According to the judicial interpretation of the Supreme People's Court, I have a preliminary study to make corrections and effectiveness of the conversion issueSection five discusses the subject of the void contract of the argumentation. It proves that anyone can advocate the void contract as the main point of view is wrong , the reasonable scope of their views. At the same time that there should be restrictions on the parties to a contract fault that the right to the void contract.Section six discusses the lawsuit prescroption question of the void contract. The confirmation of the void contract should not suit the lawsuit prescroption , but the legal consequences of the void contract will have to deal with specific analysis, the author tried to put a certain standard.Concludes the speech finally, I do the summary to the view originally in the article.