On The Effectiveness And Responsibility Of Contracts Without Administrative Approval

Administrative examination and approval system is an important system of the statemanagement of the economy, the state is achieved through the establishment of thegovernment approval system management functions, so the contract is subject toadministrative examination involving public law, private law also involves field. But onthe relevant provisions of the contract without administrative approval and not enoughclear, which makes it unable to form a unified court practice, the situation is chaotic.Although the judicial interpretation of the contract without administrative approval isnot effective for qualitative contract, but practitioners has a valid contract in accordancewith the contract avoided or to treat various judgments of the academic practitioners ofdifferent theoretical perspectives presented, so depth study of the theory becomesparticularly important.Careful study of a large number of academic achievements, combined with ourjudicial practice, focuses on the contract without the approval of the administrative issuesrelated to the theoretical study of the benefit without the approval of the contract. Thispaper is divided into five parts:The first chapter, without the status of administrative examination and approval ofthe contract in the presence of theorists and practitioners. This section provides a briefoverview of the current practitioners of different theories and theorists of different types ofcontracts for the referee.Chapter II,the validity of the contract without the approval of the Executive. On thebasis of analysis of the existing state of the validity of the contract, through the depth ofthe administrative examination and approval, and thus without the administrativeexamination and approval of the contract shall have effect, is different from the invalidcontract, nor is it a valid contract, but the contract is not yet effective.Chapter III, property law principle of distinction and without administrative approval of the contract. By analyzing the principle of distinction Property Law, describes thedifferent approval system and registration system, leading to the conclusion: thedistinction between property law principles applicable to the contract without the approvalof the effectiveness of administrative issues is unreasonable.Chapter IV, administrative examination and approval of the contract without liabilityrecognized. The first part of the contractual obligations by comparing the first and theaccompanying obligations, the contract did not come into existence over the firstcontractual obligations, negligence, said in criticism of the effectiveness of the basis offirst come breach of contractual obligations shall bear Culpa.Chapter V, remedies. When one party does not bear the approval obligation to fulfillthe obligations approval, the judgment can not simply terminate the contract, thetermination of the contract terms should be limited. For the revocation of administrativeexamination and approval, the author learn German, Japanese legal theory, to arrive attheir point of view.