Study On The Contract With Undecided Effect

In order to overcome the disadvantages of the rigid absolutely valid and invalid standards, most of the modern civil legislation apply the relative relief criterion to relative the state of effect of contract which are not destroy the public interests. The contract with undecided effect is a kind of them. China's Contract Law systematically stipulates the contract with undecided effect as an independent state in chapter three of "the effect of the contract". This legislation is a big step forward. This article aims to study the basic theory of the contract with undecided effect.This article is structured as follows: The first chapter, by comparing the contract with undecided effect with the relative concept, focus on analyzing the concept of it. The second chapter wants to grasp the basic value system of the contract with undecided effect by analyzing the basic value system of the whole rules of contract effect, and to further analyze the need of the contract with undecided effect. From the third to the sixth chapter mainly research those types of the contract with undecided effect which are stipulated by China's contract law, including: the contract concluded by the restrict capacity of civil conduct; agent without rights; disposition without rights and represent of the ultra vireos and so on, in order to review the existing legislation.