The Validity Of The Contract

In the developing process of modern market-oriented economy, new things and new problems are sure to emerge that are out of the expectation of the Contract Law's drafters. This very paper develops around the theme of contract force. To make deep researches on contracts and to correctly identify the force of all types of Contract Law practices, one must understand precisely the meaning of contract force, correctly distinguish the different forms of contract force, it deals with the basic problems and general problems concerning contract force, including the concepts of contract and contract force, forms of contract force. The development of the paper starts from correctly understanding and defining the meaning and form of contract force.In the practice of justice, the term "force" of contract force is a neutral word, referring to the effects generated on parties of a contract, including both positive and negative effects, which is results of law appraising an established contract, including affirmative and negative results. Researching on the Contract Law regarding contract force shall study respectively effective contracts, ineffective contracts, revocable contracts, and contracts the force of which are to be decided, and so on. This very paper is composed of seven chapters, dealing respectively with the form of contract force, expatiating on the problems aroused in the practice and application and suggesting ways in addressing them. The layout is as follows:Chapter Ⅰ is mainly on the concept of contract force. The contract force, i.e. the legal force of a contract, is the legally authorized force of a contract established under the law, is the force of a lawful contract. Chapter Ⅱ mainly explains the concept of invalid contracts, which not only introduce the different types of invalid contracts, but also discuss on the protection of rights of the parties involved in an invalid contract. Chapter Ⅲ focuses on the concept of a contract's coming into force. Coming into force of a contract refers to that a signed contract shall be in compliance with the provisions of law, and acquire the approval of the state coerced force, it represents the national will. The elements in judging a contract's being valid or not, according to general principles of law,shall comply by the relevant prescriptions of the General Provisions of the Civil Law. In practice, in my opinion, it would be appropriate to replace the statement "expressing one's meaning truthfully" into "the parties coming to an agreement", that is, the meaning expressed being the same. Chapter IV mainly discusses the concept of ineffective contracts. The things to be noted in practical judging a contract ineffective (mainly including transgression, the contravention of the regulations of the General Provisions of the Civil Law and the Contract Law, that of national interests and social public interests), the question of addressing the ineffective contract lawsuits in practice, and the internal legal forces of ineffective contracts (mainly discussing the shortage of returned property, reimbursement at an estimated prices). At the same time, a brief analysis is made of the ineffective real estate contracts confronted in practice, explaining the principles to be complied by in judging a real estate contract ineffective. Chapter V is mainly about the concept of contracts whose force is to be decided and their types in the new Contract Law, meanwhile an analysis is made of how to protect the goodwill people's interests in a force-to-be-decided contract. In addition, examinations are made on the ways to admit posthumously a force-to-be-decided contract. Chapter VI mainly states on the concept of modifiable and revocable contracts, and makes a brief analysis on whether in practice a contract signed in fraudulent and intimidating way can be treated as ineffective. Chapter VII discusses the concept of showing-equity contracts, the limitations of applying the showing-equity theory in practice, and suggests some ways in overcoming them.