On The Source Of Validity Of Contract

Source of validity of contract is most essential question of contract law and contract theory. It is not only explain the cause of validity of contracts, but also decide which contract can be enforced by contract law. This paper is under the context of continental law and Anglo-American law, through, aim to find the dynamic transformation of Source of validity of the contracts, at the same time, author oppugn to the will theory of contract, which view the will as the exclusive source of validity of contract. As the view of history, source of validity of the contracts was formalism in roman law, cause in the middle ages, and will theory was appear in the ages of codification of natural law. but will theory of contract is also in the crisis. Source of validity of the contracts is becoming a legalism, in other word, it is law itself give the enforcement and validity of contract. In Anglo-Amercian law, As the appearance of assumpsit, Source of validity of the contracts was became the most important question in the contract law of Anglo-American law contouries. The theory of consideration was became the enforcement of contract in classic contract law. But with the society develop, theory of consideration was also had a lot of lacknesses. These lacknesses result in appearance of reliance theory of contract law. Through the examinant the history of the source of validity of contracts, we can understand the dynamic and richness of contract theory. From the embodiment of source of validity of contract which is validity rules of contract in the contract law in our country, Source of validity of contract is under the both influence of positive law and in our country, because of the import of the legal technique.